✦ High Court of India · 23 Jan 2025

Rama Mohana Rao Y v. THE STATE OF TELANGANA

Case Details High Court of India · 23 Jan 2025
Court
High Court of India
Decided
23 Jan 2025
Bench
Not available
Length
1,097 words

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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, dectaring the action of the respondents in not releasing and paying the Gratuity (CS) amount of Rs.14,69,775l- vide token No.2522352206 and TS amount of Rs.1,30,225l- vide token No.2522352226' Commutation (CS) amount ol Rs.22,15,1271 vide token No.2522352243 and TS amount of Rs.1,96,2641 vide Token NO.25223522264, Leave Encashment amount of Rs.9,68,635 vide token No.2522360621, Surrender leave amount of Fts.1,66,086/- vide token No.2506885141, GPF amount of Rs.'l 1,64,140/- vide cheque No.2522567025 as illegal, arbitrary and violative of principles of natural justice and also violative of Article 14, 21 and 300A of the Constitution of lndia and consequently direct the respondents to release and pay the Gratuity (CS) amount of Rs.14,69,775l- vide token No.25223522O6 and TS amount of Rs.1 ,30,225L vide token No.2522352226, Commutation (CS) amount of Rs.22,15,1271- vide token No.2522352243 and TS amount of Rs.1,96,264t- vide Token NO.25223522264, Leave Encashment amount of Rs.9,68,635 vide token No.252236O621, Surrender leave amount of Rs.1,66,086/- vide token No.2506885 141 , GPF amount of Rs.1 'l ,64,140/-vide cheque No.2S22S6T O2S with interest @ 24 percent per annum from date of retirement to till the date of actual payment is made lA 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 respondents to release and pay the Gratuity (CS) amount of Rs.'14,69,775^ vide token No.25223522OG and TS amount of Rs.1,30,225! vide token No.2522352226, Commutation (CS) amount of Rs.22,15,127t- vide token No.2522352243 and TS amount of Rs.1,96,264t- vide Token NO.25223522264, Leave Encashment amount of Rs.9,68,635 vide token No.2522360621, Surrender leave amount of Rs.1,66,086/- vide token No.25068g5141, GpF amount of Rs.11,64,140lvide cheque No.2522561025 to the petitioner forthwith Counsel for the Petitioner: SRl. SRIDHAR LONKALA Counsel for the Respondents: GP FOR SERVICES lll The Court made the following: ORDER I 1 THE HON'BLE SRI JUSTICE PULLA I{ARTHIK W.P.No.1897 of 2025 ORDER: With the consent of the parties, this writ petition 1S being disposed of at the stage of admission.

2. The writ petition is hled with the following prayer: "To issue an appropriate writ order or direction more particularly one in the nature of writ of Ma-ndamus declaring the action of the respondents in not releasing and paying the Gratuity (CS) amount of Rs.14,69,775/- vide token No.25223522O6 and TS amount of Rs. I,30,225/ vide token No. 2522352226, Commutation (CS) amount of Rs.22,15,127 /- vide token No. 2522352243 and TS amount of Rs. 1,96,264l, vide Token No25223522264, Leave Encashment amount of Rs.9,68,635/- vide token No.252236O62L, Surrender leave amount of Rs.1,66,086/- vide token No.25O6885141, GPF amount of Rs.11,64,14O/ vide cheque No.2522567O25 as illegal arbitrary ald violative of principles of natural justice and also violative of Article 14 2I and 3OOA of the Constitution of India and consequently direct the respondents to release and pay the Gratuity (CS) amount of Rs.14,69,775/- vide token No.25223522O6 and TS amount of Rs.1,3O,225/- vide token No. 2522352226, Commutation (CS) amount of Rs.22,15,I2U - vide token No. 2522352243 and TS amount of Rs.1,96,264l- vide Token No.25223522264, Leave Encashment arnount of Rs.9,68,635/- vide token No.252236O62L, Surrender leave amount of Rs.1,66,086/- vide token No.2506885141, GPF amount of Rs. I1,64,140/ vide chequc No.2522567O25 with interest 24 percent per annum from date of retirement to till the date of actual pa)rment is made". l I 2

3. Heard Sri Sridhar Lonkala, Iearned counsel for the petitioner and the learned Government pleader for Services_Ill, appearing for the respondents and perused the record 4 Learned counsel for the petitioner submits that the petitioner, of respondent No.6, had retired from age of superannuation on sl.7.2024. who worked in the ofhce service on attaining the Thereafter, the Principal Accountant General (A&E), Telangana, Hyderabad vide letter dated 3.6.2024 sanctioned the retirement benefits to the petitioner. According to tJre learned counsel, though six months have elapsed, the petitioner has not received his retiral benefits, therefore she seeks indulgence of this court for release of his retiral benefits.

5. Learned Government pleader for the respondents submits that in pursuance of letter clated 3.6.2O 24, the 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 t,.e learned counsel for the respective parties, this writ petition is disposed of, directing the respondents to release retirement benefits to the petitioner in 3 pursuarce of Letter No.AG(A&E)/P|7/Il/R-L33/SpI44/2024- 05/719 dated 3.6.2O24 issued by the Principal Accountant General I (A&E), Telangana, as expeditiously as possible, preferably within a period of eight weeks 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/. P. PADMANABHA REDDY REGISTRAR ASS //TRUE COPY// ON OFFICER To,

1. The Principal Secretary, Education Department, Secretariat, T.S.,Hyderabad. 2. The Principal Secretary, Finance and Planning Department, Secretariat, Hyderabad.

3. The Director of Treasuries and Accounts, Government of Telangana, lnsurance Building, Abids, Hyderabad.

4. The District Treasury Officer, Siddipet Diskict, Siddipet. 5- The Sub-Treasury Officer, Siddipet District, Gajwel. 6. The District Educational Officer, Siddipet District, Siddipet. 7. One CC to SRl. SRIDHAR LONKALA, Advocate [OPUC] 8. Two CCs to GP FOR SERVICES Ill ,High Courtforthe State of Telangana at r Hyderabad IOUTI

9. Two CD Copies BM w HIGH COURT DATED:2310112025 ') o Li ORDER WP.No.1897 of 202i ( I Er\) .$ s "F ,tc( C -l CC TODAY + o {' DISPOSING OF THE WRIT PETITION WITHOUT COSTS P""8 F-" l

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