MD. Raheemuddin v. violation of articles 14 and 16 of Constitution of lndia

Judgment

1. The State of Telangana, Represented by its Special Chief Secretary, Finance and Planning Department, Secretariat, Hyderabad. ...PETITIONER 2 J 4 5 The State of Telangana, Represented by its Principal Secretary, School Education Department, Secretariat, Hyderabad. Regional Joint Director, School Education Department, Warangal. The Director of Treasuries and Accounts, lnsurance Building, Abids, Hyderabad. District Treasury Officer, Khammam District, Khammam.

6. Sub Treasury Officer, Madhira, Khammam. ...RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the action of the Respondents in not releasing .and paying the pensionary benefits which includes (i) Gratuity (TG) amount of Rs.1,83,191/- with Token No.19556'176, dated 1810712024, (ii) Gratuity (CS) amount of Rs.14,16,809/- with Token No.19556171 , dated 1810712024 (iii) Commutation (TS) amount of Rs. 2,56,343/-with Token No-1956196, dated 1810712024 (iv) Commutation (CS) amount of Rs.19,82,570/- with Token No. 19556185, dated 1810712024, (v) Encashment of Eamed Leave/H.PL Rs.9,49,409lwith Token No. 2522637543, dated 09/09/2024, (vi)ZP General Provident Fund amount of Rs.32,62,114l- with Token/Cheque No.2522703211, dated 1710912024 (vii) Encashement of Surrender Leave an amount of Rs.1,54,1361 with Token/Cheque No. 2417402368, dated 1210712023, and (yin) Group lnsurence Scheme amount of Rs. 78,356 with Token i*,,, No. 2523882298, dated O4lO2l2O25 as illegal, arbitrary, discrirninatory, and violation of articles 14 and 16 of Constitution of lndia by issuing a ppropriate writ order or direction more particularly in the nature of MANDAMLIS and consequently direct the Respondents to release and pay the pension benefil.s with interest @ 24 Percent per annum fro m date of retirement to till the date of actt. al payment is made forthwith 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 pensionary benefils whir:h includes (i) Gratuity (TG) amount of Rs.'1,B3,191lwith Token No.19556't7rl, date.d 181O712024, (ii) Gratuity (CS) amount of Rs.14,16,8091 with Token l,.lo.19{156171, dated 1810712024 (iii) Commutation (TS) amount of Rs2,56,3431 with Token No.19556196, dated 1810712024 (iv) Commutation (CS) amount of Rs.'19,82,570/- with Token No. 19556'185, dated 1810712024, (v) Encarshmert of Earned Leave/HPL Rs.9,49,4091 with Token No.2522637543, dated 0910!t12024, (vi) ZP General Provident lrund amount of Rs.32,62,1141- tvith foken/Cheque No.25227 0321'1 , dated 1710912024 (vii) Encashement of Surren,Jer Leave an amount of Rs.1,54,136i- with Token/Cheque No. 2417402368, datei 1210712023' and (viii) Group lnsu.ence Scheme amount of Rs. 78,356/- w th Token No. 2523882298, dated 0410212025 forthwith pending disposal of the abcve writ petition Counsel for the Petitioner: SRl. K RAMA SUBBA RAO Gounsel for the Respondent Nos.1,4,5&6: GP FOR SERVICE:S lll Counsel for the Respondent Nos.2&3: GP FOR SERVICES I The Court made the following: ORDER r THE HON'BLE SRI JUSTICE NAMAVARAPU RA'ESHWAR RAO WRIT PETITION No.896O OF 2025 ORDER: With the censent of both the parties, this Writ Petition is taken up for disposal, at the admission stage.

2. Heard Mr. K. Rama Subba Rao, learned counsel for the petitioner, learned Government Pleader for Services-Ill for respondent Nos.1, 4, 5 and 6 and learned Government Pleader for Services-I for respondent Nos.2 and 3

3. Learned counsel for the petitioner submits that the petitioner retired from service on 30.06.2024 and till now, his retirement benefits were not released by the respondents. 4, Learned Government Pleader submits that the bills pertaining to the retirement benefits of the petitioner are already processed. However, due to dearth of funds, the amounts could not be released to the petitioner on time. Learned Government Pleader further submits that as per seriatim of the token numbers, ainounts will be \ \ released to the beneficiaries.

5. Having regard to the above submissions, this Writ Petition is disposed of directing the respondents to release the pensionary benefits which includes (i) Gratuity (TG) amount of Rs.1,83,191/- I { ,l with Token No.19556176 dated 18.07.2024, (ii) Gratuity (CS) amount of Rs.14,16,809/- with Token No. 19556171 dated

78.07.2024, (iii) Commutation (TS) amount of |ls.2,ti6,343/-with Token No.1955196 dated 78.07.2024, (iv) Commutation (CS) amount of R.s.t9,82,570/- with Token No.1955e;185 dated t8.07.2024, lr,) Encashment of Earned Leave/t pL amount of Rs.9, 49,409/ with Token No.2522637543 dated 09.09.2024, (vi) ZP General Provident Fund amount of Rs.3:2,62 lI4/- with Token/Cheque No.2522703211 dated 77.O9.2024, (vii) Encashment of Surrender Leave an amount of Rs.1,54,136/- with Tcken/Cheque No.247740236t1 661u6 12.07.2023 and (viii) (lroufr Insurance Scheme amount of Rs.78,356/- with Token No. 2lt23BEi229B dated 04.02.2025, pertaining to the petitioner, as experlitiously as possible, preferably within a period of ten (10) wee:ks fr:tm the date of receipt of a copy of this order. There shall bt: no order as to costs. To, Miscellaneous petitions pending, if any, shall :;tand closed. //TRUE COPY// SD/.P. PA.DMANABHA REDDY / PEPUW REGISTRAR / \ secrioru oFFrcEc /\ U

1. The Special Ch,ef Secretary, Finance and Planning Department, Secretariat, Hyderabad.

2. The Principal Secretary, School Education Department, Secretariat, Hyderabad. \

3. Regional Joint Director, School Education Department, Waran,gal. 4. The Director of freasuries and Accounts, lnsurance Building, ,115;65, Hyderabad.

5. Diskict Treasury Officer, Khammam District, Khammam. : tllt ::,aleeitterFs.!'.-rGr! rcr' ':..&!t t:"

6. Sub Treasury Officer, Madhira, Khammam. 7. One CC to SRl. K RAMA SUBBA RAO Advocate tOpUCl 8. Two CCs to GP FOR SERVICES lll ,High Court for the State of Telangana. touTl

9. Two CCsto GP for Services-|, High Court for the State of Telangana at Hyderabad. [OUTI

10.Two CD Copies KKS BS s 't -:,--- HIGH COURT DATED:2510312025 ORDER WP.No.8960 of 2025 q6. s { h B1 \ u: c r) .'o. .' il . ,lt LJ I DISPOSING THE WRIT PETITION WITHOUT COSTS gF"f' I { \2j