✦ High Court of India · 21 Feb 2025

High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Bench
Not available
Length
1,044 words

Acts & Sections

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 as mentioned above more particularly one in the nature of Writ of lvlandamus declaring the action of the Respondent No.1 in not releasing admitted Gratuity, Commutation, GPF, GlS, EL., even after finalizing the bill and having generated in Comprehensive Financial Management System (CFMS), inspite of repeated requests as illegal, arbitrary. unreasonable and violative of Articles 14, 16 and 21 of the Constitution of lndia and consequently direct the RespondentNo.l to release payments to the Petitioner No.1 a. Gratuity amount of Rs.16,0tlD00-00, b. Commutation amount of Rs.17,43,8'15-00 c. EL amount of Rs.6,60,886-00, d. GPF amount ofRs.13,99,357-00 Total - Rs.54,04,058-dO, Petitioner No.2 a. Gratuity amount of Rs.16,00,000-00. b Commutation amount of Rs.31.39.275-0q and Total - Rs.47,39,275-00 and Petitioner No.3 a. Gratuity amount of Rs.16,00,000-00, b. Commutation amount of Rs.22,96,405-00, c. EL amount of Rs.'14,58,674-00 and d. GPF amount of Rs 6,93,650-00, Total Rs.83,45,134-00 along with interesl @ ?4 percent per annum. A.NO 1 0F 202a; 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 No.'1 to release and pay to the Petitioner No.1 a. Gratuity amount of Rs.16 00,000-00, b. Commut,tion amount of Rs.'17,43,815-00, c. EL -669unt of Rs 6,,60,886-00, d. GPF amount of Rs.13,99,357-00, Total - Rs.54,04,058-00, Petitioner No.2 a. Gratuity amount of Rs.16,00,000-00, b. Commutation an ount of Rs.31,39,275-00 and Total - Rs.47,39,275-00 and Petilioner No.3 a. Gratuity amount of Rs.16,00,000-00. b, Commutatiqn amount of Rs.22,96,4q5-00, c. EL amount of Rs.14,58,674-00 and d cPF amount of Rq.5,93,650-00 Total Rs.83,45,134-00 along with interest @ 24 percent per annum. Counsel for the Petitioners : SRI B.RAJESHWAR REDDY Counsel for the Respondent Nos.1, 3 to 5 : GP FOR FINANCE AND PLANNING Counsel forthe Respondent No.2 : SRI K.BALA KRISHNA RAO Counsel for the Respondent Nos.6 to 7 : GP FOR EDUCATION Thc Court made the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO o WRIT PETITION No.53O0 OF 2025 ORDER With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage.

2. Heard Mr.B.Rajeshwar Reddy, learned counsel for the petitioners, learned Government Pleader for Finance appearing for respondent Nos.1, 3 to 5, learned Government Pleader for Education appearing for respondent Nos.6 and 7 and Mr.K.Bala Krishan Rao, learned Standing Counsel appearing for respondent I No.2.

3. Learned counsel for the petitioners submits that petitioner No.1 retired from service on 22.04.2O24, petitioner No.2 retired from service on 27.11.2024 and petitioner No.3 retired from service on 07.70.2024 and till now, their retirement benefits were not released by the respondents.

4. Learned Government Pleader submits that the bills pertaining I ( to the retirement benefits of the petitioners are already processed. However, due to dearth of funds, the amounts could not be released \ t to the petitioners on time. Learned Government Pleader further submits that as per seriatim of the-l3ken numbers, amounts will be released to the beneficia ries.

5. Having regard to the above submissions, this Writ petition is disposed of directing the respondents to release Gratuity amount of Rs.16,00,000i-, Commutation amount of Rs.17,43,815/-, EL amount of Rs.6,60,886/- and GPF amount of Rs.13,99,357/-, total amount of Rs.54,04,058/-, pertaining to petitioner No.1, and Gratuity amount of Rs.16,00,000/- and Commutation amount of Rs.31,39,275l-, total amount of Rs.47,39,275/-, pertaining to petitioner No.2 and Gratuity amount of Rs.16,00,000/-, Commutation amount of Rs.22,96,405/-, EL amount of Rs.14,58,674l- and GPF amount of Rs.6,93,650/-, total amount of Rs.83,45,134/- pertaining to petitioner No.3, as expeditiously as possible, preferably within a period of eight (B) 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, shall stand closed. V To //TRUE COPY// SD/.P. PADMANABHA REDDY ASSIISTANT REGISTRAR CTION OFFICER

1. The Special Chief Secretary to Government, Finance Department, Dr.B.R. ^ Ambedkar, Telangana Secretariat, State of ielangana at Hyderabad. 2. The Office of lhe principal Accountant General (A"and E), Telangana, - Hyderabad. 500004. 3. The Director Qf Treasuries and Accounts, Insurance Building, Abids, Hyderabad I I I

4. The District Treasury Office, Ranga Reddy District. 5. The Sub Treasury Office, Kalwakurthy, Nagarkurnool District. 6. The District Educational Officer, Raqga Reddy Diskict. 7. lhe District Educational Officer, Nagarkurnool District. I TWo CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Jelangana at Hyderabad. [OUT]

9. Two CCs to GP FOR EDUCATION, High Court for the State of Telangana at Hyderabad [OUT]

10.One CC to SRI B.RAJESHWAR REDDY, Advocate [OPUC] 't 1. Qne C0 to SRI B BALA KRISHNA RAO, Advocate (OPUQ) 12.fwo CB Copies SA BS \q- HIGH COURT DATED:21 10212025 I I ORDER WP.No.5300 of 2025 \ I l:ti sl4 Ot (r( (-) 1 0 riti 2025 * .l DISPOSING OF THE W.P WITHOUT COSTS. (a .dP(4 r4r'-<t I '6r* i

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