✦ High Court of India · 02 May 2025

High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,032 words

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 Mandamus 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 Respondent in Lr.No.AG(A & EyP13/lV/A-288t5P647t2O24-1112765 dated 07 12.2024 is illegal, arbitrary and discriminatory, violating Article 14, 1 6 and 300- A 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, Commutation of Pension, General Provident Fund amount and encashment of Earned Leave and Earned Leave amount and other benefits in pursuance of his retirement dated 30.06.2024 and the proceedings in Lr.No.AG(A and E)/P13/lVlA-2881 5P64712024-1112765 dated 07.12.2024 of lhe 3rd Respondent and Petitioner is also entitled for payment of Encashment of Leave amount of Rs.11 ,94,7301- which was sanctioned on 20.11.2024 vide token no.2523261555 and further amount of Rs.7,99,332i- which was sanctioned on 20.11.2024 vide Token No.2523261597. Petitioner is also entitled for Final GPF amount of Rs.10,36,325l- which has been sanctioned on 18-07 -2024, vide token no 2519937822. Petitioner is entitled for Pay Fixation Arrears of RPS 2021 amount of Rs.'1 ,36,939/- vide Token No.22167229736 dated 11.O9.2021. Petitioner is also entitled for 15 days Surrender Leave amount of Rs.1,08,150/- sanctioned vide Token No.2418918962 dated 22.O7.2023 and also sanctioned Surrender Leave for 15 days for an amount of Rs.1 ,10,729l-sanctioned vide token no.2522447124 dated 14.08.2024. Petitioner is also entitled for GIS amount of Rs.80,497/- sanctioned vide Token No.2524194390 dated 10.03.2025. However actual payments has not been paid to the Petitioner. c) The Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement. 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 pleased to direct the Respondents to forthwith release atl the terminal benefits payable to the Petitioner in pursuance of the Lr.No.AG(A & EyP13/tV/A-2BBlSp647l2O24-11t2765 dated 07.12.2024 of the 3'd Respondent including payment of General provident Fund amount and encashment of Leave/HPL and Earned Leave amount and other benefits, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI GADDAM JALPATH REDDY SRI VENKAT REDDY Counsel for the Respondent Nos.1,6 & 7: GP FOR SERVICES-i|| Counsel for the Respondent Nos.2,4 & 5: Gp FOR SERVICES-I Counsel for the Respondent No.3: SRI K.BALA KRISHNA, SC FOR AG The Court made the following: ORDER -&',.: w THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 14348 0 F 2025 ORDER: With the consent oF both the parties, this Writ Petition is taken up for disposal, at the admission stage.

2. Heard Mr. G. Jalapath Reddy, learned counsel for the petitioner, learned Government Pleader for Services-III for respondent Nos.1, 6 and 7, lea rned Government Pleader for Services-I respondent Nos.2, 4 and 5 and Mr. K. Bala Krishna, learned Standing Counsel for the Principal Accountant General (A&E), for respondent No.3. ,

3. Learned counsel for the petitioner submits that the petitioner retired from service on 30.06.2024. Considering the pension proposals, respondent No.3 sanctioned pension to the petitioner vlde Letter dated 07.12.2024. However, till now, his retirement benefits were not released by the respondents. Learned Government Pleader submits that due to dearth of

4. funds, the amounts could not be released to the petitioner, on time' However, in pursuance of Letter dated 07.72.2024, amounts will be released to the beneficiaries. l l i I 'Iti. .*

5. Having regard to the above made submissions, this Writ Petition is disposed of directing the respondents to release retirement benefits to the petitioner in pursuance of Letter No.AG(A&E)/p13/rv/A-288/5,1647/2024_It/2765, dated 07.12.2024, issued by respondent No.3, as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of this order. There shail be no order as to costs. To Miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR r (.. SECTIdi[ OFFICER

1. The Saecial Chief Secretary to Govemment, Finance Department, Dr. B. R.Ambed ka r Tetangaria State Secretaiiat, rjvjerauiJ, SiJie'or Telangana 2. The Ptincipal Secretary to Golgrnm^ent, lrrigation and CAD Department, Dr. B. R.Ambed kar Tetahgana State Secreiaiiai,-fiioeraOaO, State of Telangana. 3. The Principat AccountantG_e.lgf?.t (4 and E), Tetangana, Hyderabad 4. The Engineer-tn-Chief, ADMN Wtr\ic truCnT i"irii-irna, Hyderabad X IP RT:llpl-dils Ensineer, lnigafion ciiJe,"vfaansar. o' r ne ueputy urrector of rreasuries, Hanmakonda, Harimakonda District. ]. lhe P_ay and Account Otficer, ftanmakonJr, ff"riinrfonda District. B. orre c-c to sRr GADDAM lnlpAin nEo6i's;ii'\iENKAl REo6v, noro"rt" 9 Two ccs to Gp FoR SERVTcES-ilr, High court for the State of rerangana, at 10 Two ccs to Gp FoR sERVIcES-r, High court for the State of rerangana, at Hyderabad. [OUT1 11.9n" qC to SRt K.BALA KR|SHNA, SC FoR AG [OPUC] 12.-Fwo CD Copies Hyderabad. IOUT'I " '- L-' IOPUC] PSK. GJP HIGH COURT DATED:0210512025 a CC TODAY ORDER WP.No.14348 of 2025 ' '1.) o o .d .? + =& =\ N 1t '(_; l --.:--------' . -:/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS // ,/< ,25 //

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