S.Nagabhushanam v. The State of Telangana

Petition under Article 226 oI 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 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 EyP16/l/N-91/SP1 1712024-0311634, daled 27.03.2024 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 Earned Leave amount and other benefits in pursuance of his retirement dated 31 .o7.2024 and the proceedings in Lr.No.AG(A AND EyP16/uN-91/5P11712O24-O3l1634,dated 27.O3.2O24 of the 3rd Respondent c)the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement. IA NO :1OF 2025 petition under Section 15'l 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 release all the terminal benefits payable to the petitioner in pursuance of the Lr.No.AG(A&EyP16/l/N-91/SP1 1712024-0311634, dated 27.03.2024 oI lhe 3rd Respondent including payment of General Provident Fund amount and encashment of Earned Leave and Eamed Leave amount, pending disposal of the Writ Petition. Counsel for the Petitioner : SRI RAMA RAO KILARU Gounsel for the Respondents: GP FOR SERVICES lll The Court made the following: OROER I THE HON'BLE SRI WSTICE PI'LLA KARTHIK W.P.No.1857 of 2o25 ORDER: With the consent of the parties, this writ petition 1S being disposed of at the stage of admission.

2. The writ petition is {iled with the following prayer: "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 paJrment of terminal benefrts to the Petitioner in pursuance of letter/ proceedings issued by the 3rd Respondent in Lr.No.AG(A&E)/ p16/I/N- gllSPllT 12O24-O317634 dated 27.03.2024 is illegal, arbitrary and discriminatory, violating Article 14, 16 and 3OOA of tJle Constitution of India (b) further declare that the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Death-cum-Retirement Gratui$r, Commutation 5f Pension, General Provident Fund amount and encashment of Earned kave and Earned kave amount ald other benefits in pursuance of his retirement dated 31.O7 .2024 and the proceedings in Lr.No.AG(A&E)/ Pl6/r/N-gLlSPl17 l2o24-O3/1634 dated 27.O3.2O24 of the 3rd Respondent; (c) the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement".

3. Heard Sri Rama Rao Kilaru, learned counsel for the petitioner and the learned Government Pleader for Services-Ill, appearing for the respondents and perused the record 2 4- Learned counsel for the petitioner submits that the petitioner, who worked as LFL Head Master, had retired from service on attaining the age of superannuation on 31.7.2024. Thereafter, the Principal Accountant General (A&E), Teiangana, Hyderabad vide letter dated 27.3.2024 sanctioned the retirement benefits to the petitioner. According to the learned counsel, though nine months have elapsed, the petitioner has not received his retiral benehts, therefore, he seeks indulgence of this Court for release of his retiral benefits.

5. Learned Government Pleader for the respondents submits that in pursuance of letter dated 27 -3.2024, tl:e respondents will release the retirement benefits to the petitioner, however, prays this Court to grant ten weeks time in this regard.

6. Having regard to the submissions made by the learned counsel for the respecLive parties, this writ petition is disposed of, directing the respondents to release retirement benehts to the petitioner in pursuance of Letter Lr.No.AG(A&E)/ Pl6/l/N-91/SPl17/2024- 03/1634 dated 27.O3.2O24 issued by respondent No.3, as expeditiously as possible, preferably within a period of eight weeks // 3 from the date of receipt of a copy of this order. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. There shall be no order as to costs. SD/.V.KAVITHA ASSISTANT REGISTRAR Note :' That the enor crept while reading the cause title and true copy of the Respondent No.S as "The Deputy Director of Treasuries, Mahabubnagar, Mahabubnagar District" in place of 'The Deputy Director of Treasuries, Narayanapet District" while filing the Writ petition, the same is conected and amended, as per C.O., Ot.21-02-2025 in l.A.No.2 ot 2025. This Amended order shall substitute the earlier order which has already been dispatched on 28-01 -2025. //TRUE COPYII SD/-V.KAVITHA ASSISTANT REGISTRAR E TlON OFFICER To,

1. The Principar secretary to.Government, Finance Department, state of lhio.iLula retansand, Dr.B.R.nm'bitkar rei;il;il SEi; -$.-E:',;ili'

2. The Commission'br of School Education, Telangana, Hyderabad 3. The Principal Accountant General (A AND E), Telangana, Hyderabad 4. The Director of Treasuries and Accounts, Telangana, Hyderabad 5. The Deputy Director of Treasuries, Narayanapet District. 6. One CC to SRI RAMA RAO K|LARU, Advocate. IOPUCI 7. Two ccs to GP FoR SERVTCES ilr, High court for the State of rerangana. @W"cDCoPies' HIGH COURT DATED:241011202s 21t02t2025 ( () t- os 1HE Sr4 74- 2 I FIB 2025 * / Sr)aTCH1.o t ( z a AMENDED ORDER WP.No.1857 ol 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9t'g