The High Court · 2025
Case Details
Petitiol under Article 226 of the Constitution of lndia praying that in thA circgmstanceg stated in the affidavit filed therewith, the High Court pay be pleased to issue a Writ order or direction aqd mor:e particularly one in the natUte of writ of Mandamus declaring the action 9f Respondelt No.2 in 1lat pqying the unpaid salary of the Petitioner from dated 08-05-2023 till dated 30-11-2024 is arbitrary, illegal and u nconstitution al and .consequently direc! remit the unpqid Salarieq of thq Petitioner stating from 08.05-2023 to till dated tq the credit of Reqpondent No.2 Authority and with a further direction to Respqndqq! No,2 to pay with immedate effect the unpaid salary of the petitioner uPon rQdeipt pf su'6h credit from Respondent No.3 to 5 Authroity .!. {' lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanges stated in thg affidavit filed in support of the petition, the High Court may be ple?sed to pesg interim (irectigp [,7 (irec[ing Respgndqnt No,f to 5 pay the unpaifl galqry of thg Pgitltoner frsm dated 0B-Q5-2023 till dated 3O-11 2024 and pending disposal q{ thg abqye writ petition. Coqnsel for lhe Pelilioner : SRI SUBRAMANYAM PARABOINA Counsel for the Respondents No.'t&4 ; GP FQR GENEBAL ADMINISTRATION goqnsel for !t-re Rqspondents No.2&3 : GP FQR SqCIA! WELFARE Cq!;nsql for the Respold-qnts No.5 : QP EQR FINANCE & PLANNINQ The Court made the following: ORAIB ,a HON,BLE MRS. JUSTICE SUREPALLI NANDA R E TI 1 o 0 ORDE R: Heard Sri Subramanyam Daraboina' learned counsel appearing on behatf of the petitioner' learned Government PleaderforGeneralAdministrationappearingonbehalfof respondent No.1, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.2 and 3 and learned Government Pleader for Finance and Planning appearing on behalf of respondent No'5' 2 The petitioner approached the Court seeking prayer as under: a Writ, order or direction in the nature of writ of and more '...to issue Mandamus particularlY declaring the action of Respondent No'2 in not paying the unpaid salary of the Petitioner from dated 08-05- 2023 till dated 30-11-2024 is arbitrary' illegal and u nconstitutiona I and consequently direct to remit the unpaid salaries of the petitioner stating from 08-05- 2023 to till date to the credit of Respondent No'2 Authority and with a further direction to Respondent No' 2 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent Nos.3 to 5 Authority and to pass"'"' 2
3. SN, J w 1t26 2025 The case of the petitioner, in brief, is that tht_, petitioner had been appointed as Driver to the Chairman, Telangana State Minorities 'Sommission on 0g.05.2023. The chairman and staff of the Cornmission are not paid their monthly salaries from 11.12.202:i. The Telangana State Minorities Commission Act, 1998 and tlegurations 2000 mandates the state Government to provide ther required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient lrudget for the functioning of Telangana State Minorities Commission. The Chairman, Telangana State Minorities Commission had represented in respect of the petitioner and otherr working staff of the 2nd respondent commission and also approached this court by filing w.p. No. 536 of 2025 seeking a direction to consider the petitioner.s representations dated 1g,10.2023 and 27.12.2023 for release of the salary of the petitioner thereunder in W.P. No. 536 of 2OZ5 and also submitted the representations for release oF salaries along with arrears for the working stafF of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 vide order dated 07.01.2025, directing the respondent Nos.2 to 5, thereunder to consider the 3 SN, J vtry tt26 2025 grievancq of the petitioner thereunder as put forth in the said represe ntations. The petitioner herein also seeks similar relief for release of payment of arrears due to the petitioner since the date of appointment i'e. from 08.05'2023 as Driver to the Chairman' Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month' Hence the this Court by filing the present writ petitioner aPProached petition.
4. The learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondents submits that as on date the petitioner had not represented to the 2nd respondent herein and hence no writ of Mandamus can be issued as prayed for in the present writ petition. The learned counsel appearing on behalf of the petitioner submits that the petitioner may be directed to put-forth petitioner's grievance to the respondents through a representation and the respondents may be directed to consider the same in accordance to law within a reasonable period. I 4
5. SN. J wP t126 2025 The learned Assistant Government pleader for Social Welfare appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.
5. Tak n R (a) The facts and circumstances of the case, (b) The submissions made by the learned counset appearing on behalf of the petitioner and the learned Assistant Government pteader for Sociat Welfare, (c) The fact as borne on record that the petitioner had not represented as on date and put forth the grievance of the petitioner as put forth in the present writ petition seeking retease of petitioner,s unpaid salaries since the date of petitioner,s appointment i.e from O5.O5.2O23 as Driver to the Chairman, Telangana State Minorities Commission, (d) The order of this Court dated OZ.OL.2O2:J passed in W.p. No. 536 ol 2O2S filed by Chairman, Telangana State Minorities Commission, This Court opines that no Writ of Mandamus as prayed for by the petitioner can be issued, since there is \ I I , , I I ? 5 SN, J wP rt26]O2s nq..inaction on behalf of respondents in considering the grievance of the petitioner herein as alleged bY the petitioner, since even according to the petitioner' the grievance of the petitioner had not been communicated by the petitioner to the 2nd respondent herein as on date' The writ petition is however disposed of directing the petitioner to make a representation to the respondent Nos.2 to 5 seeking release of unpaid salaries of the petitioner since the petitioner's appointment as Driver to the Chairman' Telangana State Minorities Commission i'e' from 08.05.2O23 and to continue to pay the salaries to the petitioner regularly within a period of one (1) week from the date of receipt of a copy of this order' Upon the petitioner making such representation to the respondent Nos.2 to 5, the respondent Nos'2 to 5 shall consider the said representation of the petitioner in accordance to law' and pass appropriate orders within one (01) week thereafter and duly communicate the decision to the petitioner on the said representation' However' there shall be no order as to costs' l I l \ To, 6 ,-) wP I 126 SN, J 2025 The rniscellaneous applications, pending if any, shall stand closed. //TRUE COPY// A SD/.L. LAKSHMI BABU GISTRAR TI:T:'-= \/ AEcrror'r OFFICER
1. The Prl secretary to Government GAD Telangana state At Dr BR Ambedkar Secretrait. :State of Telangana, Hyderabad.
2. The Chairman, Telanganq State Minorities Commission' HMWSSB' Rear Block, 4th Floor, Khairtabad, Hydrabad, TS
3. The Prl secretary to Government Minorities welfare Department Telangana - State of Tel,angaha, At Dr BR Ambedkar Secretrait, Hyderabad. t
4. The Chief Secretary to Government, Telangana State At Dr BB Ambedkar Secretariat, State of Telangana, Hyderab4d.
5. The Prl Secretary ta Government Financq Departrlent Telangana state state of Telangana, At-Dr BR Ambedkar Secretrait, Hyderabad 6 One CC to lSRl SUBRAMANYAM DARABOINA, Advocate loPUCl T. Two CCs to GP FOR GENERAL ADMINISTRATION, High Court for the State of Telangana. [OUT] S. Two CCs 1o GP FoR SOCIAL WEI=FARE, High Court for the $tate of lglangana. [OUT] I. Two CCs to GP FOR FINANCE & PLANNING, High Court for the State of Telangana. [OUT]
10.Two QD Copies. q9K BS +# HIGH COURT DATED:1810212025 CC TODAY 1',\E STAT€ ( I I 19 rilAf, ?[5 Z .o ..,1\:'t \0. ,". c: b ORDER WP.No.1126 of 2025 DISPOSING OF THE WRIT PETITION WTHOUT COSTS 1I