MD-lsmail v. Ihe State of Telangana
Case at a glance
- Bench
- NAGESH BHEEM APAKA
Provisions considered
- Constitution of India art. 226
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 55. Having regard to the above made submission s, this Writ Petition is d'sposed of directing the respondents to release retirement benefits to the petitioner in pursuance of Letter No.AG(A&E)/P75/I/V1-26715P3t412024-06/L256, dated lg.O7 .2024, issued by respondent No.3, as expeilitiously as possible, preferably within a period…
Judgment
Cause title
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 especially one in the nature of Writ of [\,4andamus declaring that, a) the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letter/ proceedings issued by the 3rd Res@ndent in Lr.No.AG(A & EyPls/l/lV-26715P31412024-OG11256 dated 19.07.2024 is illegal, arbitrary and discriminatory, violating Article 1 4, 16 and 300-4 of the Constitution of lndia. b) further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Death-cum-Retirement, Gratuity, ==7 Commutation of Pension, General Provident Fund amount and encashment of Earned Leave and E:irrned Leave amount and other benefits in prlrsuance of his retirement dated 31 .1)7 2024 and the proceedings in Lr.No.AG(1,, & EyPls/l/l\i- 26715P31412024-06'" 256 dated 19.07.2024 of the 3rd R€rspondent and Petitioner was also entitled for Encashment of Leave amount of Rs.12,95,9001 which was sanctiorreid on 09.09.2024 vide token no.252263785. Fetitioner is also entitled for GPF frnal amount of Rs.8,16,98'l/- which was sanctioned on 24.07.2024 vide token no.2520507709. Petitioner is also entitled f :r PRC Arrears amount. However actual payments has not been paid to the Petiti<.rner. c) the Respondents have no right or power to withhold payable to the Petitro rer after his retirement. the te rminal benefits lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circun stances stated in the affidavit filecl rr support of the petition, the High Court ma\,, be pleased to direct the Respondents to forthwith release all the terminal bencfils payable to the Petitioner in pursuance of the Lr.No.AG(A & EyP15/lllil-26715tP31412024-061 1256 dated 19.07.2A24 of the 3rd Respondent including paym,3nt of General Provident Fund an:cunt and encashment of Leave/HPL and Earned Leave amount and other benefits, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M.VASUDEVA RAO Counsel for the Respondent No.1 & 4: GP FOR SERVICES-ltt Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent No.3: SRI K.BALA KRISHNA, SC FOR AG The Court made the following: ORDER I I I I I l , t I r' THE I{OIIOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.12583 OF 2025
ORDER:
With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage.
Heard Mr. M. Vasudeva Rao, learned counsel for the petitioner, learned Government Pleader for Services-III for respondent Nos.1 and 4, learned Government Pleader for Home, for respondent No.2, and Mr. K. Bala Krishna, learned Standing Counsel for the Principal Accountant General (A&E), for respondent No.3.
Learned counsel for the petitioner submits that the petitioner retired from service on 31.07.2024. Considering the pension proposals, respondent No.3 sanctioned pension to the petitioner v/de Letter dated 19.07.2024. However, till now, his retirement benefits were not released by the respondents.
Learned Government Pleader submits that due to dearth of funds, the amounts could not be released to the petitioner, on time. However, in pursuance of Letter dated 19.07.2024, amounts will be released to the beneficiaries. , t 2
Having regard to the above made submission s, this Writ Petition is d'sposed of directing the respondents to release retirement benefits to the petitioner in pursuance of Letter No.AG(A&E)/P75/I/V1-26715P3t412024-06/L256, dated lg.O7 .2024, issued by respondent No.3, as expeilitiously as possible, preferably within a period of ten ( 10) weel<s from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellareous petitions pending, if any, shall stand closed. //TRUE COPY// SDIS. MALLIKARJUNA RAO ASSISJANI REGISTRAR ,,,/sE(:TtoN oFFlcER To, 1 2 .) 4 6 7 I The Special Chief Secretary to Government)' Frnanc:e Department, Dr. B. R.Ambreclkar Telangana State Secretariat, Hyderabad, State of Telangana. The Deputy lrspector General of Police, Zone-VIl, JogLrlamba Gadwal, Jogulamba Gadwal District. The Principal accountant General, (A and E), Telangana, Hycerabad. The Deputy Director of Treasuries, Nagarkurnool, Nagarkurnc, ol District. One CC to SF.l Ir,/ VASUDEVA RAO, Advocate [OPUC] One CC to S;Rl K BALA KRISHNA, SC FOR AG [OPUC] Two CCs b (iP FOR HOME, High Court for the State ,rf Telangana at Hyderabad [OLIT] Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana at Hyderabad [OtlT] Two CD Copie:; I BSR GJP r * HIGH COURT DATED:2510412025 CC TODAY ORDER WP.No.12583 of 2025 1H E SI4 16 Rr) Y ) -l 01 llAY 2[25 i I \\ EsparcH 6O * -L DISPOSTNG OF THE WRIT PETITION, WITHOUT COSTS 6r.,rtu'
Precedent status how later indexed judgments have treated this case
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