High Court · 2025
Case Details
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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 pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in not releasing the retirement benefits of the petitioner like Gratuity, General Provident Fund, Encashment of Earned Leave, commutation etc', for,the last.over (6) months without any justification or reasonable cause even though the Accountant General, Telangana has already authorized the pension and other retirement benefits and also generating cheques by the Pay and Accounts officer 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' 16' 21 and 300-A of the constitution of lndia and consequently direct the respondents to release the retirement benefits of the petitioner with interest alias g percentage per annum frcm 1:i-2024 to the date of release of the amounts. lA NO: 'l OF 2025 Petition under Section 'l S'l CpC praying that in the circumstancgs stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondr:nts to retease the retirement benefits of the petitioner like G.P.F., Gratuity, Eincashment 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: cp FOR SERVICES-|I| Counsel for the Respondent Nos.2 and 3: AGp FOR HOME The Court made the following: ORDER ! I ia:arL': ::,:- t THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.1O48 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 Constitution of India, is frled seeking the following relief: '...to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not releasing the retirement beneEts of the petitioner like Gratuity, General Provident Fund, Encashment of Earned kave, commutation etc., for the last over (6) months without any justification or reasonable cause even though the Accountant General, Telangana has already authorized the pension and other retirement benehts and also generating cheques by the Pay and Accounts Officer for the amounts which have to be paid to the petitioner consequent on his retirement is as illegal, arbitrary, unjust, in-human, cruel and violatrve of Articles 14, 16,21 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 frorn 1-7-2024 to the date of release of the amounts..."
3. Heard Sri A.Tirupathi Goud, learned counsel for the petitioner, learned Government Pleader for Services-Ill, appearing for respondent No.l and learned Government Pleader for Home, appearing for respondent Nos.2 arrd 3 2
4. Learned counsel for the petitioner submits that the petitioner, after serving 40 years of service, retired from service in the capacity of Assistant Sub-Inspector of Police on
30.06.2024 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, Telangana, uide its letter No.AG(A&E)/P15/IIIIM- 214 I SP26l ,t 2024-06 / 241 dated O3.O7 .2024 , sanctioned retirement benefits to the petitioner and based on the same, Pay & Accounts Officer, Hyderabad issued cheques bearing Nos.25234 18395 and 2522368134 for Rs. 14,16,B4Ol- and Rs.58,14,1 18/- respectively. However, in spite of lapse of six (6) months from 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&tr)/Pts/ill/M-2t4/SP26t/2024-06/249, dated
03.07.2024, issued by the Principal Accountant General, Telangana as well as cheques bearing Nos.25234 1g395 and I 3 2522368134 for Rs.14,16,84Ol- and Rs-58,14,118/ respectively. 5, Learned Government Pleader for the respondents submits that in pursuance of letter No.AG(A&E)/P15/\II/M- I I 214 /SP26L /2024-06 /249, respondents will release the retirement benefrts to the 03 -O7 .2024, petitioner. However, he prays this Court to grant twelve (12) 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 benefits to the petitioner in pursuance of letter No'AG(A&tr)/Pl5lill/M- 214 lSP26ll2024-061249, dated 03.07.2024, issued by the Principal Accountant General, Telangana as well as cheques bearing Nos.2523418395 and 2522368L34 for Rs. 14,16,84O /- and Rs.58,14 ,Ll9 / - respectively, strictly in accordalce with law, as expeditiously as possible, preferably within a period of eight (8) weeks frorn the date of receipt of a copy of this order. There shall be no order as to costs. 4 Miscellia.ueous petitions pending, if any, shall stand closed I /ffRuE coPY// SD/.P. PADMANABHA REDDY / ASSTSTANT REGISTRAR / sEcr*oi .FFI.ER ,/ To'1 The Princioar Secretary, Finance and Planning Department' Secretariat' State ' oiietangdna, Hydera6ad' 5o0 O22' .. -^ n^^^,*manr eonrcrariar 2 The Principa su"r"t,'il"bii! iii"rung'na' Home Department' Secretariat' Hvderabad. 500 O22. 3. ril;"#;id;c;"!r-ai of Police, State of relangana'- Hvderabad ;. d; cCG -Sri A. Tirupathi Goud, Adv-ocate-[oPUC] ;. i;; dd"io-Gp io. S6,iC"i-tti High court f6r the State of relangana' at o. iJr"""cEiJt[" cp to|. Home, High court for the state of Telangana, at HYderabadlOUTl 7. Two CD CoPries Hvderabad [OUT] TJ BS HIGH COURT CC TODAY DATED:0910112025 r< o r) .,.' 1* IA. 2 ,l,rti ? i< Da: r",l ORDER WP.No.1048 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS /, /.,a l.r /r /t,