A.Shankar Reddy v. 1. State of Telangana

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleasedtoissueawrit,orderordirection,moreparticularlyoneinthenatureof WritofMandamusdeclaringtheimpugnedactionoftherespondentsinnot releasing the retirement benefits of the petitioner like Gratuity, General Provident Fund, Encashment of Earned Leave, commutation etc'' for the last over (5) monthswithoutanyjustificationorreasonablecauseeventhoughtheAccountant General, Telangana has already authorized the pension and other retirement benefitsandalsogeneratingchequesbythePayandAccountsofficerforthe amountswhichhavetobepaidtothepetitionerconsequentonhisretirementis asillegal,arbitrary,unjust,in-human,cruelandviolativeofArticles14'16'21 and 300-4 of the Constitution of lndia and consequently direct the respondents to release the retirement benefits of the petitioner with interest @ Spercentage per annum from 1-8-2024 to the date of release of the amounts. I.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the responderrts to release the retirement benefits of the petitioner like G.P.F., Gratuity, Errcashment of Earned Leave, commutation etc., forthwith, pending disposal of the above writ petition. Counsel for the Petitioner : SRI A.TIRUPATHI GOUD Counsel for the Respondent No.1 : GP FOR SERVICES-lll Counsel for the Respondent Nos.2 & 3 : G.p FOR HOME The Court at the stage of admission made the following ORDER l l l ,: .*: :*!.]Xr THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.1O2O oF 2025 ORDER: With the consent of both the parties, this Writ Petition is disposed of at the stage of admission itself'

2. This Writ Petition, under Article 226 of the Constitutionoflndia,isfiledseekingthefollowingrelief: "...to issue a writ, order or direction, more particul'arly one in the nature of writ of Mandamus declaring the impugned action of the respondents in not releasing the retirement benefrts of the petitioner like Gratuity, General Provident Fund, Encashment of Earned l'eave' (5) months without any last over commutation etc., for the though the Accountant cause even justification or reasonable General, Telangana has already authorized' the pension and other retirement benefits and also generating cheques by the Pay and Accounts Ofltcer for the amounts which have to be paid to the petitioner consequent on his retirement is as illegal' arbitrary' unjust, in-human, cruel and violative of Articles 14' f6' 21 and 300- A of the Constitution of India and consequently direct the respondents to release the retirement benehts of the petitioner with interest @ 87o per annum from l-8-2O24 to the date of release of the aInounts 3 the petitioner, Heard Sri A.Tirupathi Goud, learned counsel for learned Government Pleader for Services-Ill' respondent No.1 and learned Government appearing for Pleader for Home, appearing for respondent Nos'2 and 3 2

4. .Learned counsel for the petitioner submits that the petitioner, after serving 40 years of service, retired from service in the capacit5r of Assistant Sub-Inspector of Police on 31.O7 .2024 on attaining the age of superannuation. Thereafter, the petitioner has submitted his pension proposals to the respondents for sanction of pension. Considering the same, the Principal Accountant General, Telangarra, uide its letter No.AG(A&E)/ pt7 /IItlS- 496 lSP2g7 /2024-06/ 1175, dated tt.OT.2024, sanctioned retirement benefits to the petitioner and based on the same, Pay & Accounts Officer, Hyderabad issued cheques bearing Nos.2523168092 and 252289411O for Rs.13,85,288 l- and Rs.3,87,262 l- respectively. However, in spite of lapse of five (5) months lrom the date of retirement of the petitioner, the respondents are not releasing the retirement benefits. Therefore, learned counsel for the petitioner prays this Court to issue a direction to the respondents to release retirement benefits of the petitioner pursuant to letter No.AG(A&E),/PL7 lltr/5-496 /5P297 /2024-06 /ttZS, ll.O7 .2024, issued by the Principal Accountant General, Telangana as well as cheques bearing Nos.2523168O92 and r I i I \ t 3 2522894110 for Rs. 13,85,288/- and Rs'3,87 ,2621- respectivelY.

5. Learned Government Pleader for the respondents submits that in pursuance of letter No.AG(A&E)/PI7 llll/S- 496 I SP2g7 I 2024-06 / 117 5, dated 1l 'O7 '2024, the respondents will release the retirement benefits to the petitioner. However, he prays this Court to twelve (12) .grant weeks time in this regard. 6, Having regard to the submissions made by learned counsel for respective parties, without going into the merits of the case, the Writ Petition is disposed of directing the respondents to release retirement benelits to the petitioner in pursuance of letter No.AG(A&E) / P 17 I ll / 3-496 I SP297 I 2024- 06/L175, dated ll'O7 -2024, issued by the Principal Accountant General, Telangana as well as cheques bearing Nos.2523168O92 and, 2522894710 for Rs'13,85,288 l- aod Rs.3,87,2621- respectively, strictly in accordance with law' as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order' There shall be no order as to costs. 4 I Miscell:rneous petitions pending, if ary, shall stand closed //TRUE COPY// SDLT. TIRUMALA DEVI ASSISTANT REGISIRAR \u SECTION OFFICER To

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6. 7. The Principal Secretary, Finance and Planning Department, Secretariat, State of Telangana at Hyderabad. 500 O22. The Principal Secretary, Home Department, Secretariat, State of Telangana at Hyderabad. 5O0022. The Director General of Police, State of Telangana, Hyderabad. Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUTJ One CC to SRI A.TIRUPATHI GOUD, Advocate IOPUC] Two CD Copies SA BS 1---' l i I I i HIGH GOURT DATED:0910112025 C.C. TODAY ORDER WP.No.1020 of 2025 'r\ E S i .,r Ic .J\ Y e a 1O 22 JAH zffi ( r) -f, . lie/Ta DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. /4 4z l,( y' ,/s ,