High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a.Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 to 5 in not releasing admitted Pending Final payment of Gratuity (C.AP) Bill Amount 14,55,0401- JD PPO Token No.2522477510 dated 21-08-2024, and Gratuity (T.G) Bill Amount 1,44,9601- JD PPO Token No.2522477517, dale 21-08-2024 and Commutaion (C.AP) Bill Amount 21,92,9191- JDPPO Token No.2522477523 dated 21-O8-2024,and Commutaion (T.G) Bill Amount 2,18,4721- JD PPO Token No.2522477530 dated 2,18,4721-dated 21-08-2024, and Final ELs and Half Pay Leave Encashmerli Bill Amounl18,34,400l- ENC PR Token No.2522638406 dated 01-10-2024, and AG GPF Final Payment Bill Amount 15,48,2371- Token and Ch No.2518200879 dated 09-07-2024, and 3rd respondent department issued i-e Lr. \- -.!.!!,- No. AG(Aand EyP l 6 /il t/N-62 tsp 122tzo24-05t 1 47 2 with ppo. Nr:.06- 1 0660s/sp, dated 09-08-2024 even after finalizlng the bills and having generated in Integrated Financial Management and lnformation System (lFMlS), insprte of repeated requests as illegal, arbitrary, unreasonable and violative of Articles i4,16, and 21 of the constitution of lndia and consequently direct the respondents No.1 to 5 herein to release and pay the admitted pending Final payment of Gratuity (C.Ap) Bill Amount 14'55,040r- JD ppo roken No.2522477s10 dated 21-08-2024, and Gratuity o.G) Biil Am,runt 1,44,g60t- JD ppo roken No.2522 47rs17, date 21-08- 2024 and Commutaion (C.Ap) Biil Amount 21,g2,g1g1_ JL) ppO Token No-2522477523 dated 21-oB- 2024,and commutaion (T.c) Biil Amount 2,1a,472r- JD PPo roken No.2522427s30 dated2,11,472l-dated 21-08-2024 and Finar ELs and Half Pay Leave Encashment Biil Amount 18,34,400t- ENC pR Token No.2522638406 dated 01-10-2024, and AG GpF Finar payment Bi[ Amount 15'48'2371- Token and ch No.25'18200879 dated o9-o7-2024,and arong with interest @ 24 percentage per annum. 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 phased to direct the respondents No.1 to 5 to rerease and pay the admifted pending Finar payment of Gratuity (c.AP) Bi[ Amount 14,ss,o4ot- JDppo roken No.2522477s10 dared 21-08-2024, and Gratuity (T.c) Biil Amount 1,44,g60t_ JD ppO Token No'2522477517, date 21-08-2024 and commutaion (c.Ap) Biil Amount 21 ,92,9191- JD PPo-Token No.2s22477523 dated 21-08-2024,and commutaion (T'c) Bill Amount 2,i8,472t- JD ppo roken No.2522477s30 dated 2,18,472t- daled 21-08-2024, and Finar ELs and Harf pay Leave Encashment Bi[ Amount 18,34,4001- ENC PR Token No.2522638406 dated 01-10-2024, and,AG GpF Finar Payment Bill Ambunt is,48,237r- Token and ch No.2s1g200879 dated 09-07- 2024, and arong with interest @2fipercenrage per annum pending disposar of the above writ petition. Counsel for the Petitioner: SRI RAMU NALLAMOTHU Counsel for the Respondents: Gp FOR FTNANCE PLANNING The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESII BHEEMAPAXA WRIT PBTITION No. 1245A OF 2o25 ORDER: Petitioner is stated to have retired from service as Assistant Engineer on attaining the age of superalnuation on

30.06.2024 after rendering 40 years of unblemished service. Consequently, the 3'd respondent - Drawing Ofhcer processed the retirement benelits and Respondents 2 to 5 also processed the bills and sought for release of amounts, but the status of the trills was shown as Awaiting govt. approval'. The grievance of petitioner is that despite Iapse of four months from the date of retirement and after issuing token numbers in August 2O24, yet, the l.t respondent has not released the admitted bills and his repeated requests turned futile.

2. Learned counsel for petitioner Sri N. Ramu submits that as per Section 3 of the Gratuity Act, employees are entitled for interest on the delayed payment of gratuit5r. In so far as other benehts are concerned, the Hon'ble Supreme Court has granted interest at lOo/o per annum on the delayed pajrment of pensionary benefits. According to learned counsel, action of the l.t respondent in withholding the aforesaid admitted amounts is i 1 illegal and violation of Articles 14, 16 and 2l of the Constitution.

3. l,earned Government Pleader for Finan ce and Planning sutrmits that bills pertaining to retirement be nefits of petitioner arr: already processed, however, due to paucity ol funds, the sanre could not be released on time. He subr'rits that seriatim will be maintained and amounts will be relt ased to beneficiarier; rccordingly. 4 . I n similar circumstances, this Court hzrs been disposing of ,,he Writ Petitions directing the responc.ents to release and p;ry the retirement benehts in a hxed timr.: frame. But, institution of several Writ Petitions of this nature, day in and day o'ut-, by the retired employees seeking rerease of retirement tr<'nelits, is alarming and this Court cannot restrain itself from making the following observations.

5. Ernployees work tirelessly every day, contributing to the economl, and societ5r. They sacrihce personal comforr,s, often putting aside'portions of their monthly income to save lbr their children's erir:ation, healthcare and their own future siecurity. Many of l,hes,: contributions are made through government- backed savings schemes such as General Provident Fund with the trust thar- funds will be available when needed. TLese are :rc not charity- they are earned and saved through years of hard work and discipline. Likewise, surrender of earned leave, commutation, etce tera. It needs no mention that retiring employees may face hnancial diffrculties if their terminal benefits are not released in a timely manner, potentially impacting their ability to meet basic needs. But, the government is failing to provide these funds on time. Reasons may be many. This demonstrates the prevailing liscal state of affairs. The present situation not only erodes public trust but also creates dissatisfaction among government employees ald may discourage them from taking on similar roles in future.. 6. The Writ Petition is therefore, disposed of directing respondents to release and pay petitioner retirement benefits ie. admitted final payment of Gratuity (C.Ap) Bill Amount 14,55,O4O/- JD PPO Token No.25224ZZS|O dated 2t_O8_2O24, Gratuit5r (T.c) 8il1 Amount Rs. 1,44,960/- JD ppO Token No.252247 7 51 7, dared 21 -O8-2O24 and.Commutaion (C.Ap) Bill Amount Rs.2I,92,9t9/- JD ppo Token No.252242T523 dated, 2I-OB-2O24, and Commutation (T.G) Bill Amount Rs.2,18,422/- JD PPO Token No.25224ZZS3O dated 2t-08-2O24, and. Final ELs and HaIf Pay Leave Encashment Bill Amount Rs. 18,34,4O0l- ENC PR Token No.25226384O6 dated x ( 4 O|-LO-2O24, and AG GPF Final payment Bilt Amount Rs. 15,48,2it7l Token alrd Cheque No.2518200t]79 d,ated O9-OZ -2024 as expeditiously as possible, preferabl.r within a period of rern weeks from the date of receipt of a copy of this order. No I rsts.

7. During hearing, counsel representing several petitioners I retired, employees have expressed the:.r concern and submil s that most of the funds are being rrnilaterally diverted in lhe name of governance by way of freebi<.s such as free electrir;t ty, water, public, transport, farm loan wllivers and other subsidies; though termed as welfare measures. *iri.h i" mounting frscal burden on the State,s exchequer.

8. Exercising jurisdiction under Article 22,t6 of tine Constitution of India, this Court is conscious of the fact that such matter:s fall within the domain of legislative policy and are beyond judiciai scrutiny, therefore, restrained from making aly observations on that aspect. The top Court also reitr:rated its hesitation 1o wade into these questions of public p,tlicy and fiscal discipline, but at the sarne time, flagged con cerns, 1n different ,3 jrcumstances, over political parties an aouncing unsustainahle schemes without clarity on funding sources which, ultim.ately, shatters the economic u.ell-beinrl 1!1"_ lg{ r1 ,,';:i;,-.';.,-; ,,:.t . ri.tii,tr.]'i. . nation. In view of ttre same, this Court is of the opinion that it is high time for the entire society in general and people at the helm of affairs in particular to brainstorm on the issue of freebies.

9. Consequently, Miscellaneous Applications, if any shall stand closed. SD/- P.PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPY// SE N OFFICER IhS gpl: Ch.ief Secretary to Govemment, Finance Department, Dr. B- R.Ambedkar Telangana Secretariat, Hyderabad, St'ate of Teiangana. The Director of Treasuries and Accounts, lnsurance Building, Abijs, Hyderabad. Pay and Accounts Office, lnsurance Building Complex, Tilak Road.King Kati, Hyderabad. The Joint Director, Pension Payment Office, MJ Road, Hyderabad. The Assistant Pension Payment Officer, Paniaqutta. Hvdi-'rabad. One CC to SRI RAMU NALLAMOTHU, Advo-cate tOpUCI Two CCs to GP FOR FINANCE PLANNING, Hiqh Court fbr the State of Telangana, at Hyderabad. [OUT] Two CD Copies To

3. 4 5 6 7 I PSK. PSK i,. .)?.:rilti.r,. ' :ra'i L***rr",., '. i,:1, z :., :._,L-r:. l I ;l HIGH COURT DATED:2510412025 ORDER WP.No.12458 of 2025 CC TODAY HE r)T4 i1: ( 2 E A'i] iifi .-. ,',r', J t.'1q, \i, \ d DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\