High Court · 2025

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 an appropriate Writ, Order of direction, preferably one in the nature of Writ of [Vlandamus and to declare the in action of the respondents are not passing final orders on representation dl. 10-12-2024 which is pending before the 3rd respondent in redpect of not releasing of the retiral benefits, though the 2nd respondent already passed a final orders in proceedings Roc. No.563837120231C2- 2, dt.20-11-2024 by imposing a minor punishment of Reduction to lower stage (Pay by 2 stages) in the time scale of pay without cumulative effect and not adversely effecting in his pension, even then the 3rd respondent is not releasing left over retiral benefits as mentioned in representation dl. 10-12-2024, which is pending before the 3rd respondent, the petitioner already retired on 31-03-2024, the said action of the respondents is as highly illegat, arbitrary, unreasonable, discriminatory without any application of mind and also in violation of principles of naturaljustice and also in violation of Art. 14, 16 and 2'l of the Constitution of lndia and further declare the same as bad in law, and consequently direct the 3rd respondent to release the left over retiral benefits as mentioned in represehtation dt. 10-12-2024 ancl pass final orders on representalion dl. 1O-12-2024 which is pending before the 3rd respondent. lA NO: 1 OF 2025 Petitron under Section 151 CPC praying that in the circumstances stated rn the affidavrt filed in support of the petition, the High court may be pleased to direct the 3rd respondent to release the left over retiral benefits as mentioned in representation dt. 10-12-2024 and pass final orders on representation dt.'l 0- 12- 2024 which is pendrng before the 3rd respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI C.RAJA SEKHAR REDDY Counsel for the Respondent Nos.1 & 2: GP FOR MCPL ADMN & URBAN DEV Counsel forthe Respondent No.3: SRI PUTTA KRISHNA REDDY, SC FOR MPCL The Court made the following: ORDER I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHtrTAR RAO WRIT PETITION No.9565 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- final orders '... ar appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus and to declare the in action of the respondents in not passing final orders on representation dated 10-12-2024 which is pending before the 3'd respondent in respect of not releasing of the retiral benelits, though the 2"d respondent already passed a proceedings Roc.No.563837/ 2023 /C2-2, dr.2O-11-2O24 by imposing a minor punishment of'Reduction to lower stage (Pay by 2 stages) in the time scale of pay without cumulative effect and not adversely effecting in his pension, even then the 3'd respondent is not releasing left over retiral benefrts as mentioned in representation dt.lo 12-2024, which is pending before the 3'd respondent, the petitioner already retired on 31-Q3-2O24, the said action of the respondents is as highty illegal, arbitrary, unreasonable, discriminatory without any application of mind and also in violation of principles of natu ral justice and also in violation ofArt. 14, 16 & 2l of the Constitution of India and further declare the same as bad in law, and consequently direct the 3'd respondent to release the left over retiral benehts as mentioned in representation dt.l0-12 2024 and pass hnal orders on representation dt.lo-12-2124 which is pending before the 3'd respondent and pass such other order or orders ..."

2. Heard Sri C.Rajashekar Reddy, learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development appearing for respondent Nos. I and 2. Perused the record.

3. The brief facts of the case are that the petitioner was appointed as the Lab Technician Grade-ll in Insurance Medical Services, Hyderabad in the year 1991 and he had joined the duty as Lab Technician Grade-II on 18.O6. 1991 at ESI Dispensary, Patancheru of Medak Distric. Subsequently, the services of the petitioner were t r'1 2 regularized ir--. the cadre of Lab Technician w.e.f., 17.O2.1992. Wtrile the petitioner was working as the Lab Technicirl-r Grade-ll at ESI Dispensary, ,.leedimetla, Hyderabad, he was appointed as EO (Panchayat Secretary) Special Category-V and posted to Grampachayal. Banda Mandharam of Medical Mandal, Ranga Reddy District. While the petitioner was working as the ParLchayat Secretary, the Panchayats were merged in Municipalities in rhe year 2018 and the petitioner uas posted as the Manager at Thumkuntta Municipality, Medchal Malkajgiri District. Later, the petitioner was transferred in the G.O.Ms.No il17, GA (SPF) Dept, dated 06. 12.2021 and was allotted to the Shamshabad Municipality, Ranga Reddy Dis;trict in the year 2021 and to Manikonda Municipality on 2O.lO.2Ct2l. Whileso, on certain allegatrons the petitioner was piaced unde:: suspension on

25.O4.2023 thereafter pending enquiry the petitioner reinstatement r,,rders on 15-03-2024 by giving Posting Municipal Commissioner, Ghatkesar Municipalit-y, Ranga Reddy was given orders at District. He retired on 3l .O3.2024 on attaining the age of superannuation .

4. Learned counsel for the petitioner submits that arr enquiry was conducted with regard to the allegations leveled against the petitioner and a report was submitted on 18.O1.2024. Therealter, the petitioner was called to submit an explanation on 28.O3.2Ot24 to the final enquiry report. Llpon submitting the same, respondent No.2 passed final orders in Roc.No.563837 /20231C2-2 dated 2O.t1.2024 by ( 3 imposing a minor punishment of "Reduction to lower stage (pay by 2 stages) in the time scale of pay without cumulative effect and not adversely effecting his pension". Aggrieved by the same, the petitioner made a representation dated 10.12.2024 requesting the respondent authorities to sanction the Annual Grade Increrrqent as on 01.06.2023, Provisional Pension AGI etc. But till date, the said representation is still pending before the authorities.

5. karned counsel for the petitioner submits that appropriate orders be passed in this Writ Petition, directing the respondents to consider the representation submitted by the petitioner on 10.12.2024, in accordance with law.

6. Learned Government Pleader did not dispute the said submissions made by the learned counsel for the petitioner.

7. Taking into consideration the submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of, directing respondent authorities to consider the petitioner's representation dated 1O.12.2024 and pass appropriate ordirs in accordance with law, as expeditiously as possible, preferably, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. sD/-K. SREE RAMA MURTHY PUTY REGI STRAR //TRUE COPY// To

1. The PrinciP al Secretary, MuniciP al Administration an Department, Secretariat Buildings, Hyderabad, State of .;.!&r ?; ltlrll -r, . . SECTTON OFFICER rban DeveloPment Telanoana. ' - **ii.jrr"$i; . , l 2 3 4 5 The Commrssroner and Director of Municrpal Administratron, Red Hills, Hyderabad, TL-iatrgana. The Commissroner, Ghatkesar Municipality, Ranga Reddy District. One CC to SRI C RAJA SEKHAR REDDY, Advocate [OPUC] Two CCs to GP FOR |\4CPL ADMN & URBAN DEV, Higl'r Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI PUTTA KRISHNA REDDY, SC FOR MPCL [OPUC] Two CD Copies 6 7 PSK. BS w \ .-! r - j HIGH COURT DATED:0810412025 ORDER WP.No.9565 of 2025 t I ( ( ( 1:) 1 r\t'- STA I6 2 3 APn 2[25 t Or" \: l-),r rcu(.9 .1, o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 5td> \o T"w