High Court · 2025

Petition under Article 226 of lhe 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 especially one in the nature of writ of Mandamus declaring that (a)the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letter/ proceedings issued by the 3rd Respondent in Lr.No.AG(A and E)/P15/l/M-2421sP17712024-O313089, dated 28.11.2024 is illegal, arbitrary and discriminatory, violating Article 14, '16 and 300-A of the constitution of lndia. (b)further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Death- cum-Retirement, Gratuity, commutation of Pension, General Provident Fund amount and encashment of Earned Leave and other benefits in pursuance of his retirement dated 30.06.2024 and the proceedings in Lr.No.AG(A and E)/P15/l/M- 2421SP177t 2O24-O3l3O8g, dated 28.1 1.2024 of the 3rd Respondent. (c)the Respondents have no rrght or power to withhold the terminal benefits the Petitioner after his retirement. payable to IA NO: 1 oF 202s 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 Respondents to forthwith rerease a, the terminar benefits payabre to the Petitioner in pursuance of the Lr.No.AG(A and E)tp15t1/M-242/5p177t2024_ 03i30'g' dr' 28 11'2A24 0f the 3rd Respondent incruding payment of Generar Provident Fund amourrt and encashment of Earned L( _ _.ivqs,,,,,E,,( \r, Edrneo leave, pending disposal of the writ petition. Counset for the petitioner: SRt SRINIVASA RAO MADIRAJU counset for rhe Resoonagnl Counsel for the Respondent No.2: Gp FOR SERVICES_II counset for the Resoonagnj counset for the Respondent No.6: sCip.[idiitjti noo, sc FoR GRAM r,_+ i- i, Gp ?Ei leRucEs_m !!o J: dnl x.ia-rfiiiLr"o, sc FoR AG l,1os. PANCHAYATH The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.984 OF 2O2S ORDER: With the consent of both the parties, the rn,rit petition is disposed of at the stage of admission itself.

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief ".. .to issue a writ order or direction especially one in thc nature of Writ of Mandamus declaring that (a) the action of the respondents in not making paymcnt of terminal benehts of the petitioner in pursuance of letter/ proceedings issued by the 3.,t respondent in Lr.No.AC(A&EliPl5lI/NI 21215P177 12O24-O3l3OA9, dated 28.11.2021, as illegal. arbitran and discriminatory, violating Articles, 14, 16 and 3O0 A of the Constrrurion of India (b) further declare that, the respondents shall forthrvith release all terminal benefits payable to the petitioner including Death-.um-retirement, Gratuity, Commutation of pension, General Provident Fund amount and encashment of Earned Ifave and other benefits in pursuance of his proceedings in .etirement dated 30.06.2024 and Lr No.AG(A&E)/ P15lI lM-242 /5P177 /2O24-O313089, dated '28.tt.20'24 of the 3'd respondent (c) the respondents have no right or po!!.er to \\'ithhold thc terminal benehts payable to the petitioner after hiS retirement..."

3. Heard learned counsel for the petitioner, learned Government Pleader for Services-Ill, appearing for respondent Nos.1,4 and 5, learned Government Pleader for Services-Il, appearing for respondent No.2, i I 2 Sri K.Balakrishna, learned Standing Counsel appearing for respondent .\c.3 and Sri P.Kishore Rao, learned Standing Counsel for respondent No.6

4. L::lrned counsel for the petitioner submitted that the petitioner retired from seru"ice on 30.06.2024 on attaining thc age of superannuation in the cadre of Gazetted Heatl Master at ZPHS (U/M) Kosiki, Naravanapet District. He further submitted that the petitioner before his retiremen[, submitted pension proposals to the respondents for sanction of pension and other retirement benefits. Considering 1.he said proposals, respondent No.3 uide proceedings in Lr.No.AG(AeE\/Pls lIlM 242 lSPl77 12024- 03/3089. dzrted 28. 11 .2024, salctioned pension. other pensionary benefits etc., to the petitioner. Further, pursuant to the said letter, the petitioner was also ,allotted A.P.P.O No.li O2O220/SP. The grievance of the petitioner is that thorrpJh he was sanctioned pension on 08 .OB .2024 and har.ing allorved him to retire from service on 3O.O9.2O24, so far the respondents have not paid the terminal ber: efits pal,able to him and hence, he seeks 3 indulgence of this Court to issue a dire ction to thc respondents to release all terminal benefits and other benefits payable to him in pursualce of proceedings issued b}, respondent No.3 uide Lr.No.AG(A&E)lP15lllM- 212/SPl77 12O24-O3/3089, dated 28.11.2024, within the I \ stipulated time. I

5. On the other hald, learned Government Pleader submits that the respondents will release the pension and other retirement benehts of the petitioner in pursuance of proceedings issued by respondent No.3 vide Lr. No.AG(A&E) / P | 5 / t / M-242 / SP t77 / 2024 -O3 / so89, dated

28.11.2A24 and he seeks two (2) weeks'time.

6. Having regard to the submissions made bv learned counsel for respective parties, without going into the merits of the case, the Writ Petition is disposed of directing the respondents to release and pay the terminal benefits ald other retirement benefits of the petitioner in pursuance of proceedings issued by respondent No.3 vide Lr.No.AG(A&E| / PtS /I /M 242 I sPl77 / 2O24-O3 / 3089, dated 2a.11.2024, as expeditiously as possible, preferably u,ithin l 4 '':'l a period of eight (8) u'eeks from the date of receipt of a copy of this order There shall be no order as to costs Miscellaneous petitions if any, pending in this Writ Petition shall stand closed //TRUE COPYII SD/. A.PRATHh,l ASsrsrANr "r"ffo A R SECTION OFFICER I -Dire-ctor of Treasuries, Narayanape[ Naraybnapet District The Principal.Secretary to Government, Finance Department, Telangana Secretariat, Hyderabad, State of Telangana. The Commissioner of School Educatioi, Telangana, Hyderabad The Principal Accountant General (A and E), T6langan'a, Hyderabad The Director of Treasuries and Accounts, Ti-,langani, Hydeiabad The Deputy lhe C^!O, Zl[q l{ghad, Mahabubnagai, Mahabubna{ar District. One CC to SRt SRtNtvASA..BAq VADTRAJU Advocaie tOpUCl Two CCs to GP FOR SERVICES-II, High Court for the Siate oi tetangana, at Hyderabad. [OUT] Two CCs to GP FOR SERVICES-Il, High Court for the State of Telangana, at Hyderabad IOUT] One CC to SRI K.BALAKR|SHNA, SC FOR AG tOpUCl one cc to SRt p.K|SHoRE RAO, SC FOR GRAM PANCHAYATH tOpUCI Two CD Copies }.

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9. '10 11 12 PSK. PSK o HIGH COURT DATED:0910112025 ORDER WP.No.984 of 2025 CC TODAY \. { s 1 ( 't J o Ns j. I \:. ::--. a--r--a DISPOSING OF THE WRIT PETITION WITHOUT COSTS IL 0\ D