A. Muthyalu v. The State of Telangana
Case Details
Acts & Sections
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 an order or direction or writ, more particularly. one in the nature of writ of Mandamus, declare the impugned action of the respondents in not releasing and paying the Gratuity (TS and CS) amount of Rs. 16,79,182l-' Commutation (TS and CS) amount ol Rs. 24,72,768/-Encashment of Earned Leave amount of Rs. 16,79,182/-, G.l.S amount of Rs. 1,18,3951 and General Provident Fund (GPF) amount of Rs. 4,76,1681 is illegal, arbitrary, unfair, unjust, discrimination,. apart from violation of all the Statutory Rules and Constitutional provisions and consequently direct the respondents to release and pay the Gratuity (TS and CS) amount of Rs. '16,79,182/-, Commutation (TS and CS) amount of Rs. 2,1,72,768/- Encashment of Earned Leave amount of Rs. 16,79,1821-, G.l.S amount of Rs. 1,18,395/- and General Provident Fund (GPF) amount of Rs. 4,76,1G8lwith interest @ 24 percentage per annum from date of retirement to till the date of actual payment is made. |.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 respondent to release and pay the Gratuity (TS and CS) amount of Rs.16,79,1821, Commutation (TS and CS) amount of Rs.24,72,7681- Encashment of Earned Leave amount of Rs.16,79, 182/-, G.l.S amount of Rs. 1,18,395/- and Gerreral Provident Fund (GPF) amount of Rs.4 76,168/- to the petitioner forthwith p,ending disposal of main writ petition. Counsel for the Petitioner : SRI P.UGENDER REDDY Counsel for the Respondent Nos.1 to 4 : GP FOR SERVICES-||| Gounsel for the Respondent No.5 : G.P FOR SERVICES-I The Court at the stage of admission made the following ORDER =ffi-t "?: 1^ "l4 r/ f-\ THE HON'BLE SRI JUSTICE PULLA I{ARTHIK WRIT PETIT ION No.1 348 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,isfiledseekingthefollowingreliet "...to issue an order or direction or writ' more partic'ularly one in the nature of Writ of Mandamus, declare the impugned action of the in not releasing and paying ttr;^ OSatyitv (TS & CS) .*p."a."t" -Co-m'tatio" (TS & CS) amount of amount of Rs.l6,7g,l82 L of Earned l*ave amount of Rs.24,72,7681-, Et"'"httnt Rs.16,79, raZT-, cr'i amount of Rs i'18'395/ and General p.o,rld".ri Fund (GPF) amount of Rs'4'76'1681-' is itlegal' arbitrary' ..rf^i., ,.tir"t, discrimination apart irom violation of al1 the consequently Statutory Rules and Con"titlttio"at provisions directtherespondentstoreleaseandpaytheGratuity(TS&CS) amount of Rs.16,79,r8'l-, Commutation (TS- & CS) amount of amount of Rs.24,72,7681-, Et'ct"-hrntt't of Earned k1* ^i".io,zs, rdzT-, c I i amount of Rs f i8'395/ and General Provident Fund (GPF) ^Lo"'t of Rs 4'76'168/- with interest @ 249l" lrom date of retirement to till the date of actual payment -and p.a "r.tr- is made..." 3. Heard Sri Ugender Reddy' learned counsel for the petitioner, learned Government Pleader for Services-lII' appearing for respondent Nos'1 to 4 and learned Government Pleader for Services-I, appearing for respondent No'5'
4. Learned counsel for the petitioner submits that the petitioner retired from service in the capacity of Tahsildar on 31.O5.2024 or:. attaining the age of superannuation' 2 .rl: Thereafter. the petitioner has submitted his pension proposals 1.o the respondents for sanction of pension. Considering the same, the principal Accountant General, letter No.AG (A&F;Ilpl7 /tIIlM- 359/SP43t 12O24-OB/ tg}t, dated O2.O9.2024, sanctioned Telangana, uide its retirement benefits to the petitioner. Further, respondent No.S uide proceedings RC.No.AIl709 /2024, dated 29.O5.2024, also ordered for release of final paymenl. of Group Insurance of the petitioner. ThereaJter, respondent Nos.2 to 4, being the Drawing and Disbursement Officers, processed the bills for release of retirement benefits of the petitio ner viz., Gratuity (TS & CS) a-rnount of Rs. 16,79,182/-, Commutation (TS & CS) arnount of Rs.24,72,268/-, Encashment of Earned Leave a,rnor-rnt of Rs.l6,Z9,lB2/-, G.I.S amount of Rs.1,18,395/ and General provident Fund (cpF) amount of Rs.4,76,1681-. However, in spite of iapse of seven (7) months from the date of retirement of the petitioner and even after issuin6; token numbers, respondent No.1 has not released the rrdmitted bills. Therefore, learned counsel for the petitioner prays this Court to issue a direction to the respondents to release retirement benefits of the petitioner 1 3 pursuant to letter, O2.O9 .2024, issued by the Principal Accountant General, Telalgana as well as the proceedings in RC.No.Al/70 gl2()24, dated 29.O5.2024, issued by respondent No.5.
5. Learned Government Pleader for the respondents submits that in pursu.rnce of letter, dated 08'8'2024 and proceedings, dated, 29,05 .2024, the respondents will release u I the retirement benelits to the petitioner. However, he prays this Court to gralt twelve (12) weeks time in this regard'
6. Having regard to the submissions made by learned cor.rnsel for respective parties, without going into the merit of the case, the Writ Petition is disposed of directing the respondents to release retirement benefits to the petitioner viz., Gratuity (TS & CS) amount of Rs.76,79'la2/-, Commutation (TS & CS) amount of Rs'24,72'76a/-' Encashment of Earned Leave amount of Rs'16,79' l82l-, G.I.S amount of Rs. 1,18,395/ and General Provident Fund (GPF) amount of Rs.4,76,168/- in pursuance of letter' O2.O}.2O24, issued by the Principal Accountant General' Telangana as well as proceedings in RC'No 'Al/7Og12O24, 4 dated 29.OEi.2024, issued by respondent No.5, strictly in accordarce 'with 1aw, as expeditiously as possible, preferably within a per:od of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, sha_ll stand closed. /TTRUE COPY// SD/-P. PADMANABHA REDDY ASSISTANTIREGFfRAR \ I sEcTtoN oFFtcER 1 . The Special Chief Secretary, Finance Department Secretariat, State of 2. The Director of Treasuries and Accounts, Government ofTelangana, Telangana at Hyderabad. Insurance Buildings, Abids, Hyderabad.
3. The District Treasury Officer, Wanaparthy, Wanaparthy District. 4. The Sub-Treasury Officer, Wanaparthy, Wanaparthy District. 5. The District Collector, Wanaparthy, Wanaparthy District. 6. Two CCs to GP FOR SERVICES-||I, High Court for the State of Telangana at Hyderabad. [OUT] Hyderabad. [C]UTI
7. Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at 8. One CC to SRI P.UGENDER REDDY, Advocate [OPUC] 9. Two CD Copiers To, SA BS HIGH COURT DATED:1010112025 ORDER WP.No.1348 of 2025 C.C, TODAY tti t, SrAIe, k ,t :) C, i) ?.? Jtt 2$6 l; k I I I i I : I j l i I i i I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS, r') \1\ -./