SRl. T v. KALYAN SINGH

Petition under Article 226 of the constitution of lndia praying that in the cirbumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or directions more particularly one in the nature of writ of Mandamus declaring the inaction of the 1st respondent in considering the representation given by the petitioner dt' 31 01 2O14' 23.O7.2018,31.10.2023 and 16.08.2024 for granting of terminal benefits and full pension as illegal, void arbitrary and violative of Art 14' 21 and 300A of constitution of lndia and consequently direct the respondents to consider the representation of the petitioner dt. 31 .01 .2014, 23.07.2018, 31.1O.2023 and 16.O8.2024 and grant terminal benefits and full pension . i I I I j lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circurrtstances stated in the affidavit filerJ in support of the petition, the High Court ma,/ be pleased to issue directions to respondents to consider the representation of the petitioner dt. 31 .01 .2014, 23.07 2Ct1B, 31 .1O.2023 and 16.08.2024 and grant terrminal benefits and full pension Counsel for the Petitioner: SRl. T. V. KALYAN SINGH Counsel for the Respondent Nos. 1&2: GP FOR MEDICAL HEALTH AND FAMILLYWELFARE Counsel for the Respondent No.3: SRI K. BAL KRISHNA, SC FOR ACCOUNTANT GENERA,L The Court made the following: ORDER THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.l1894 of2O25 ORDER: This writ petition is filed by the petitioner seeking the following relief: "......to lbsue utit order or drrection nore particularly one tn the nature of WRIT OF MANDAMUS dectaing the ittaction of the 1st respondLnt in consirleing the represent.tion Si1en- !! - 1\e- peiittoner dt 31 01 2o14 23 07 2018 31 10 2023 ond 16 08 2024 'Jor granting of terminal benertb and fult pension as illegaL uoid- -orbirory ind- uiolatiue of Art 14 21 and 3OOA of Constitution of htdia ind consequentlA ditect the respondenLs to consider the representdtion oflhe petitioner dt 31 01 2014 23 07 2018 31 10 zbzs and 16 oti 2024 dnd grant terminal beneJits and fulL pensbn cnd to p4-ss such other order or orders"'"

2. Heard Mr. T.V.Kalyan Singh, learned counsel for the Government Pleader for Health, Medical and for respondent Nos. 1 lo 2 and petitioner, learned Family DePartment appearlng Mr. K.Bala Krishna, learned Standing Counsel for Accountant General appearing for respondent No.3. Perused the material available on record.

3. The present writ petition has been hled by the petitioner challenging the action of respondent No' 1 in not considering his representations dated 3l.Ol.2Ol4, 23'07'2018, 31'10'2023' and 16.Oa.2O24 seeking sanction of terminal benefits including full pension, encashment of earned 1eave, retirement gratuity, and commuted value of pension' \ -:/:-:: wP 11894 2025 NBK, J

1. Lcztrr e d counsel for the pe titioner submits tha t thc petitioner was initi lll ', appointed as an Assistant Civil Surge,tn in the year 1968 anc :itbsequently promoted as Civil Surgeon. V,/hile serwing as District ,\4e drcal and Health Ofhcer, Nizamabad. Ire u,as placed under susnension on allegations of misappropriation of govcrnment funcls. Aggr-io'cd by the suspension orders, the petitroncr filed O.A. No.4464 ,r1 2001 before the Andhra Pradesh Administ rative Tribunal (APAT), Fh cler-arbad and the Tribunal, by an intcrirn order dated

13.07.20O dirccted the continuation of the pctrticner in service wilh a transfer. Therefore, the Government implem,.:nted lhe said order ancl postcd him as CSRMO, Area Hospital, Bhrnsa, Adilabad. It is lLrrthe - subrnitted that the Tribunal, by its comm,tn order dated

05.12.2001 in O.A. No. 4324 of 2001 and batch, conhrmed the interim olclr,r. The Government fiIed W.P. No. 10141 of 2OO2 before this Cotrn, '.r,hich was dismissed on 18.07.2OO3, and no appeal was filecl Lherc,af er. Thus, the Tribunal's order attained fir alitv.

5. Lezrrr r,:d counsel for the petitioner further su1 rmits that the petitione:r re tired from service on 31. 10.2002 and s,ar; gr.anted only 757o pror.isronal pension vide G.O. Rt. No. L.No.Lr1/5013/2003 datecl 2U.tl.l.2003 and proceedings dated 30.O6.2003 issued by the 3rd resp.r<lent. The terminal benefits rereased wt:re rimited to F arnilv Benellt Fund, and GpF and the ot}.Ler retirement |fi:,tl. .z: w 1 t tI &.x & 3 WP tt894 .2025 NBK. J benehts, namely, encashment of earned leave, gratui[r, full pension, and commuted pension, were withheld on the ground of pending disciplinary proceedings.

6. Learned counsel for the petitioner further submits that the petitioner submitted several representations dated 23.O7.2014' 31.01.2014, 91,.10.2023, 16.08.2024, requesting sanction of the remaining terminal benefits. However, no action has been taken by respondent No. 1. 7 . Learned counsel for the petitioner further submits that appropriate orders be passed in this writ petition by directing the responclent authorities to consider the above representations submitted by the petitioner and pass appropriate orders in accordance with 1aw.

8. Having considered the submissions of the learned counsel for the petitioner and without going into the merits of the case, the respondent authorities are directed to consider the representations of the petitioner dated 23.07.2O1a, 3l.Ol'2014, 31 lO'2O23' 16.08.2024 and pass appropriate orders in accordance with law ' g. With the above direction, the Writ Petition is disposed of at the admission stage. There shail be no order as to costs. 4 wP_l 1894 2025 NBK, J As a sequel, miscellaneous applications pendirg, if any, shall stand closr:,:l /iTRUE COPY// SD/-A. SRINIVASA REDDY AS,1\TfNr REGTSTRAR \ \l SECflON OFFICER To, Secretariat Bu lding Hyderabad 1 . The Principal Secretary, Health Medical and Family Welfare Department, 2. The Director of Public Health and Family Welfare, Telangana S)tate 3. The Accountant General, Telangana State, Khairtabad, Hyderabad 4. One CC to S;Rl. T. V. KALYAN SINGH ,Advocate [OPUC] 5. Two CCs to GP FOR I\4EDICAL HEALTH AND FAMILY WELI:ARE,H|gh 6 One CC to SRI K. BALA KRISHNA, SC FOR ACCOUNTANT GENERAL 7. Two CD Copies Court for the State of Telangana at Hyderabad [OUf] loPUCl BM GJP i i I I I I i I I I i I I ' HIGH COURT DATED:2210412025 ORDER WP.No.11894 of 2025 I CC TODAY C Sr,AI e \+ r') \r-> 01 lt\i\l( ?m i i-- i trl'.::, -C d': DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS 4 1)) ("