The High Court · 2025
Case Details
The Executive Officer, Sri Venkateswara Swamy Devasthanam, Chikkadpally, Hyderabad ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to (i) declare the action of the Respondents in not releasing the arrears of salary for the period from 14-'t0-2003 to 18-12-2O03 to which the Petitioner is entitled to and increments for the period from 2003 to 2016 and not granting of pay fixation by duly taking the same for the period from 2003 to 2016 is illegal, arbitrary and unjust and (ii) consequently direct the Respondents to release the arrears of salary for the period from 14-10- 2003 to 18-12-2003 to which the Petitioner is entitled to and also grant pay fixation by duly releasing the increments for the period from 2003 to 2016 and accordingly fix the pay of the Petitioner consequent to the orders of the Honble High Court in W.P. No. 25528 of 2003. -7 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 consider the representation datecl g-g-2024 made by the Petitioner for payment of salary during the suspension period, increments for the period from 2003 to 20'16 and also pay fixation. Counsel for the Petitioner : M/s.PRIYANKA SINGH Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO UrRIT PETITION No. 8 735 ol 2o25 ORDER: Heard Priyanka Singh, learned counsel {or the petitioner and Sri Ch. Satish Kumar, learned Standing Counsel for re spondents.
2. This Writ Petition is filed to direct the respondents to release the arrehrs of salary for the period from 14 10-2003 to !B-12-2OO3 to which the petitioner is entitled to and also grant pay fixation by duly releasing the increments for the period from 2003 to 2016.
3. Learned counsel for the petitioner submits that the petitioner was appointed as an Archaka vide proceedings dated 10.10.2001 at Sri Venkateshwara Swamy Devasthanam' Srinivasapuram, Chikkadpally, Hyderabad, and while the petitioner was discharging his duties, he was. placed under suspension vide proceedings No'SVSD/52 l2OO3' dated 14.10.2003 based on a compliant of his wife Smt' M' Jhansi under Section 498-4 and under section 4 & 6 of Dowry prohibition Act, 1961 against the petitioner. During his period i I I 2 of service, the petitioner not even paid any subsistence allowalce. Challenging the suspension, the petitioner filed Writ Petition No.25528/2003 and this Court vide intt:rim order dated
70.12.2003 suspended the proceedings dated 14.10.2003 arrd in pursuance of the interim order, the petitionel.was taken into service on 18.12.2003 by revoking the suspension order. 3(i) Learned counsel for the petitioner turther submits that during the pendency of the Writ perition, the XIII Additional Chief Metropolitan Magistrate (Mectchal Court) at Hyderabad, passed the judgment in C.C.No. 162 of 2OO3 hoiding that the petitioner was guilty for the offence p,rblishable U/s. 498-A of IPC and accordingly he r.r.as convictecl under section 248(2) of Cr.P.C. Against u,hich, the petit oner preferred Criminal Appeal No.50O of 2OOT before the, V Additional Metropolitan Sessions Judge (Mahila Court), Ftyderabad, and the same was dismissed. However, the senter ce imposed by the lower court is set side postponing for a 1;eriod of three ye€rrs. Against which, Smt. M. Jhansi filed Criminal Revision Case No.475 of 2OO8 and same was dismissed. l i 3(ii) Learned counsel for the petitioner further submits that this Court closed the Writ Petition No'25528 of 2003 in view of the interim order passed on 1O'12'2003 in WPMP No.32166 of 2O2l by duly recording that tlie petitioner was acquitted in criminal cases filed against him by Smt'M'Jhansi' and after the orders of this Court, the petitioner made a representationtotheCompetentAuthoritytoreleasethesalary during the period of suspension i.e., from 14 10'2003 to La.n.2OO3 and also for extending the increments for the period from October, 2OO3 to 2016 and the same has been forwarded to the Commissioner's office and the Commissioner vide Memo dated 03.02.2022 and. 18.04.2023 invited from the Addl' Commissioner to submit report with regard to petitioner's pay fixation consequent to his reinstatement' However, no action has been taken by the authority. As such, the petitioner made several representations and hnally, on 09.09'2024 seeking to release the salary during the period of suspension i'e', from 14.10.2003 to 18.L2-2OO3 and also for extending the increments for the period from October, 2OO3 to 2016 on par with one R. Chakradhar. I { 4
4. Learned counsel for the respondents did not oppose for consideration of the said representation.
5. In view of the submissions made by bolh the counsel, without going into the merits of the case, r.he respondent authorities are directed to consider the representation of the petitioner, dated O9.09 .2024 and pass appropriate orders in accordance with 1aw, '"r,ithin a period of six (06) weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaleous applications pending, if any, in this Writ Petition, shall stand closed. SD/- B.CIHANDRA PRAKASH TY REGISTRAR I ..l SECTION OFFICER l\ 1 i\J To, //TRUE COPY//
1. fhe Principal Secretary, State of Telangana, Endowments Department, I etangana Secretariat, Hyderabad.
2. The Commissioner, Endowments Department, Boggulakunta, Hyderabad. 3. The Execulive Officer, Sri Venkateswara Swamy Devastranam, Chikkadpally, Hyderabad 4 4 A One CC to M/s.PRIYANKA StNGH, Advocate. tOpUCl Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana louTI Two CD Copies. ry- BSK PSK , I itt u,,{ .'-, o o (\\ 2 5 ,tutl 2g25 \: ( t O5 -Qe,116uf 11, i{, * HIGH COURT DATED:2410312025 ORDER WP.No.8735 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 6