Seema Valegaonkar v. The State of Telangana

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affklavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction, particulady one in nature of Writ of Mandamus, declaring ttre inaction of the Respondents representation dated 10-08-2020 is illegal, irregular, arbitrary, contrary to the provisions of law by issuing a Writ of mandamus or any other appropriate writ, order or directions to consider the representation dated 10-08-2020 made by the Petitioner consequently release the pension due to the petitioner as well as gratuity and commutation amounts plus other things due such as arrears and EL encashment etc. amount and other dues. IA NO: 1 OF 2020 PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent to release the commutation and gratuity amount due to the petitioner as she was the nominee of Late Ms Pratima Tekurkar immediately. Counsel for the Petitioner: SRI OMAR A.PASHA Counsel for the Respondents: GP FOR EDUCATTON The Court made the following: ORDER |i l HON,BLE MRS. IUSTICE SUREPALLI NANDA PE o o. 3 2 oF 02o ORDER: Heard Sri Omar A Pasha' learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Education appearing behalf of the resPondents' 2 oraver as under: c k "...to issue a Writ or Order or Direction' oarticularly one in nature of Writ of '*"ior.ri, declaring the inaction of the n"tpona"ntt representation dated 10-08- zoio is illegal, irregular' arbitrary' ."it.r.V to the Provisions of law bY Lt"i"s a Writ of mandamus or any other appro-priate writ, order or directions to the representation dated 10-08- ;;t,;. ZOZO .uO" by th€ ?etitioner consequently rJ".* the pension due to the petitioner wett as gratuity and commutation u.orn,t plus other things due such as u...u* and EL encashment etc' amount ina o,n". dues and pass such order or O.J"o as this Hon'ble Court may deem fit JnJ-p.og". in the circumstances of the case. " - \ 2 sl{'J W.P.No.13525 of 2O2O

3. The case of the petitioner, in brief, is that the petitioner's sister was an Associate Professor in English and had taken voluntary retirement from Vivekananda Government Degree College on 31.01.2020. Due to medical reasons, the petitioner's sister had passed away on

08.02.2020 and before her retirement, the petitioner's sister had submitted an application to the respondent authorities for various dues, including pension, gratuity, earned leave encashment, and salary arrears. After her death, the petitioner, who is the legal heir and nominee of the deceased, submitted a representation dated 10.08.2020 to the respondent authorities seeking release of pending dues/commutation amount and pension amount for the college duty performed by the deceased. employee e petitioner's sister at GDC, Vidyanagar from 10.10.2019 to

31.01.2020. however, the respondent authorities failed to settle the pending dues. Aggrieved by the same, the petitioner filed the present writ petition. PERUSED THE RECORD 3 SN,J w.P.No.l3525 of 2(,2()

4. The limited relief as prayed for by the petit'toner in the present writ petition is a direction to the respondents to consider the petitioner's representation dated 10'08'2020 seeking release of pending dues/commutation amount and pensionamountforthecollegedutyperformedatGDc, vidyanagar from 10'10'2019 to 31'01'2020 by petitioner's sister who had passed away on 08'02'2020' T n s e a) The aforesaid facts and circumstances of the case, b) The submissions made by the tearned counsel appearing on behalf of the petitioner and the learned Government Pleader for Education appearing on behalf of the respondents' c) The contents of the rePresentation of the petitioner dated 10'O8'2O2O addressed to the resPondent Nos'2 and 3 herein and' 4 sN,l W.P.No.13525 of 2O2O d) In view of the fact that the representation of the petationer dated 1O.O8.2O2O had not been considered by the respondent Nos.2 and 3 as on date, The writ petition is disposed of directing the respondents to consider the grievance of the petitioner as put-forth vide petitioner's representation dated 1O.O8.2O2O addressed to the respondents herein seeking release of pending dues/commutation amount and pension amount for the college duty performed by petitioner's deceased sister at GDC, Vidyanagar from 10.1O.2O19 to 31.O1.2O2O vide correspondence No.6717641 2O2OlOlo and 693397/2O2OlOlo of CCE and pass appropriate orders on the said representation of the petitioner in accordance to law within a period of four(4) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner herein on the said representation dated 1O.O8.2O2O. However, there shall be no order as to costs. 5 sN,J W.P.No.l3525 of 2020 As a sequel, the miscellaneous petitions, if any' pending in the Writ Petition shall also stand closed' //TRUE COPY// SD/-N. SRIHARI DEPUTY REGISTRAR I SECTION OFFICER To,

1. The Principal Secretary Education Department, H 2. The Commissioner, Collegiate Edtrcation Ghosha Mahal, Nampally, bad, T.S Hyderabad, Telangana 50O001

3. The Deputy Accounts General, Entitlements, A.G Ofiice, Hyderabad, Telangana

4. Vivekananda Government Degree College, Vidyanagar, Hyderabad, 500044, T.S.

5. One CC to SRI OMAR A.PASHA, Advocate [OPUC] 6. Two CCs to GP FOR EDUCATION, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR GrPd4P HIGH COURT DATED:10 tO3l2O25 i 1 I I ORDER WP.No.13525 of 2020 -t \ ( 3 0 liu Zu:5 * Sn,1yr;yt€ qr DISPOSING OF THE WRIT PETITION' WITHOUT COSTS slL6 voLo