High Court · 2025

Judgment

5. The State of Telangana, Rep by Prl. Secretary to Government GAD Telangana State At Dr BR Ambedkar Secretrait, Hyderabad. The Chairman, Telangana State Minorities Commission, HMWSSB, Rear Block, 4"' Floor, Khairtabad, Hyderabad, TS. The State of Telangana, Rep. by its Prl Secretary to Govemment, Minorities Welfare Department Telangana State At Dr BR Ambedkar Secretariat, Hyderabad. The State of Telangana, Rep. by its Chief Secretary to Govemment, Telangana State At Dr BR Ambedkar Secretariat, Hyderabad. The State of Telangana, Prl Secretary to Government Finance Department Telangana State At Dr BR Ambedkar Secretrait, Hyderabad ...RESPONDENTS

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction and more particularly one in the nature of writ of Mandamus declaring the action of respondent No. 2 in not considering the petitioners representations dated 05-08-2024 and 31-08-2024 is arbitrary, illegal and unconstitutional and consequently direct respondent No.2 to 5 to consider the petitioners representations dated 05-08-2024 and 31-08-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to pass interim direction by directing Respondent No.2 to 5 pay the unpaid salary of the Petitioner from dated 08-05-2023 till dated 3O-11-2024 and pending disposal of the above writ pertition. Counsel for the Petitioner: SRI SUBRAMANYAM DARABOINA Counsel for the Re,spondent No.1: cP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2 and 3: AGP FOR SOCIAL WELFAR Counsel for the Respondent No.5: cP FOR FINANCE AND PLANNING The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.480 OF 2O25 ORDER: Heard Sri Subramanyam Daraboina, learned counsel appearing on behalf of the petitioner, learned Government Pleader for General Administration appearing on behalf of 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 i-d and Planning appearing on behalf of respondent No.5.

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of Respondent No.2 in not considering the petitioner's representations dated 05.08.2024 and 31.08.2024 is arbitrary, illegal and unconstitutional and consequently direct respondent Nos.2 to 5 to consider the petitioner's representations dated 05,08.2O24 and 3I.08.2024 and to pass...".

3. The case of the petitioner, in brief, is that the petitioner had been appointed as Addl. OSD to the Chairman, Telangana State Minorities Commission on 08.05.2023. The Chairman and 2 SN, J wP 480 2025 staff of the Commission are not paid their monthly salaries from

08.05.2023. The Telangana State Minorities Commission Act, 1998 and Regulations 2000 mandates the State Government to provide the required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient bldget for the functioning of Telangana State Minorities Commission. The Chairman, Telangana State Minorities Commission had c' represented in respect of the petitioner and other working staff of the 2nd res;pondent commission and also approached this Court by filing W.P, No. 536 of 2025 seeking a direction to consider the petitioner's representations dated 18.10.2023 and 27.12.2023 for release oF the salary of the petitioner thereunder in W.p. No. 536 of 2025 and also submitted the representations for release of salaries along with arrears for the working staff ol the 2nd respondent Clommission. 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 grievance of the petitioner thereunder as put forth in the said representatio ns. r\ J SNJ wP .480 2025 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 Addl. OSD to the Chairman, Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month. Hence the petitioner approached this Court by filing the present writ petition.

4. The Iearned Assistant Government Pleader for Social r * 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.

5. 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. I .i t. 4 SN, J w 480 2025

6. Takinqr into consideration : (a) The facts and circumstances of the case, (b) 'lhe submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social 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 release of petitioner's unpaid salaries since the date of petitioner's appointment i.e from 08.05.2023 as Addl. OSD to the Chairman, Telangana State Minorities Commission, (d) Tlhe order of this Court dated O7.OL.ZO}S passed in ltl/.P. No. 536 ot 2025 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 no inaction on behalf of respondents in considering the grievance of the petitioner herein as alleged by the petitioner, s;ince even according to the petitioner, the 5 SN, J wP 480 2025 ,.. grievance of the petitioner had not been communacated 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 Addl. OSD to the Chairman, Telangana State Minorities Commission i.e. from 08.05.2023 and to continue to pay the salaraes 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 sha!! consider the said representation of the petitioner in accordance to law, and pass appropriate orders within one (O1) week thereafter and duly communicate the decision to the petitioner on the said representation. However, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand t' closed. ,fTRUE COPY'/ To, 1 2 in'rql,l$niled#q',.*fi'#'ffi SD/. A.SR TNNASA REDDY STANT REGISTRAR SECTION OF FICER ::::lf; BR Ambedkar SSB, Rear I I

3. The State of Telangana, The Pd Secretary to Government, [vlinorities Welfare Deoartment Tr:lanqana State At Dr BR Ambedkar Secretariat, Hyderabad. 4. Th6 Chief Secretary to Govemment, Telangana State At Dr BR Ambedkar Secretariat, The State of Telangana, Hyderabad.

5. The Prl Secrel:ary to Governmeht Finance Department Telangana State At Dr BR Ambedkar Secretrait, The State of Telangana, Hyderabad 6. One CC to Sri Subramanyam Daraboina, Advocate [OPUC] 7. Two CCs to GP for Geneial Administration, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CC to The GP for Finance and Planning, High Court for the State of Telangana, at Hyderabad[OUT]

9. Two CD Copies TJ {}' t Y+' HIGH COUR'T CC TODAY \ DATED:1810212025 .t' ORDER WP.No.480 af 2025 tlf, o o 1 BE S I;;,-€ d; 1u t{rfl 2M z. * ,tj::\) 1j( DISPOSING OF THE WRIT PETITION WITHOUT CI]STS .,\14 r3 Xs,