Panyala Muthyam Reddy v. The State of Telangana

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 writ, order or direction, particularly one in the nature of WRIT OF MANDATUUS, declaring the action of respondents 2 lo 4 in not sanctioning the pension and paying the same to petitioner from dt.31/03/201 9 on which day Petitioner has taken voluntary retirement from service and all other benefits along with interest as on receipt of monetary benefits including the continuation of service for a period from dt. 0510512015 to 1911112015 by considering Petitioner representations dt.1410312022 and d|.2410312022 submitted to the respondents 2 and 3 is illegal, arbitrary and against the principles of natural justice, particularly under Article 300-4 of the Constitution of lndia and consequently direct the respondents 2lo 4 to sanction and pay the pension to Petitioner from 3110312019 with interest and with continuation of service from 0510512015 lo 1911112O15 by considering the representations dt.1410312022 and 2410312022 .further fix the increment date as per schedule date ,7- lA NO: 1 OF 2022 Petition under llection 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the respondents 2 t,:4 to sanction and pay the pension to Petitioner from 31lO3t2O1g with irteft)st and with continuation of service from 05/05/2015 to 1gt11t2015 and fi;: ther increment date as per schedule date by r:onsidering the representation s cll 14t(t312022 and 2410312022, pending disposal of the main writ petition Counsel for the Petitioner: SRl. D Y L N CHARYULU Counsel for the R,:spondents: GP FOR SERVICES I The Court made the fc,llowing: ORDER ) HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.21868 of 2022 ORDER: Heard Sri D.Y.N.L.N. Charyulu, learned counsel appearing on behalf of petitioner and learned Government Pleader for Services-I appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under: "...to issue writ, order or direction. particularly one in the nature of WRIT OF MANDAMUS, declaring the action of respondents 2 fo 4 in not sanctioning the pension and paying the same to petitioner from dt.31l03/2OL9 on which day the petitioner had taken voluntary retirement from service and all other benefits along with interest as on receipt of monetary benefits including the continuation of service for a period from dt. O5/O5/2OLS to 19/Ul2OL5 by condidering my representations dt.t4/O3/2O22 and dt. 24/03/2022 submitted to the respondents 2 and 3 is illegal, arbitrary and against the principles of natural justice, particularly under Article 300-4 of the Constitution of India and consequently direct the respondents 2 to 4 to sanction and pay the pension to the petitioner from 37/03/2019 with interest and with continuation of service from 05/05/2015 to 79/17/2015 by considering the e ( 'l \ 2 SN, J lvP 21868 2022 representat ons dt.74/O3/2O22 and 24/O3/2O22 further fix the incre merrt date as per schedule date and pass '"

3. The ca:;e cF the petitioner, in brief, is that the petitioner having completed 32 Years and two months of Government service, took voltrntary retirement on 31.03'2019 and in spite of lapse of three years of retirement; till date, pensirln, GPF gratuity and oth'lr retiral benefits have not yet been released' The petitioner rnade a representation to the respondent Nos' 1 and 2 on 14.0.).2022 and again on 24.03'2022 to the 2nd respondent tr flrtalize the pension along with interest {'rom the dateofretiremerlti.e.dated3l.o3.20lgbuttheresponclentsdid not take any action on the said representations' It is further the case of th,: p'etitioner in the said representation dated

31.03.2019thaIpetitionerrequestedforcontinuationofservice from 05.05.2015 to 19.11.2015 and to regularize the said period of service frcm C5.05.2015 to 19.11.2015. It is further the case of the petitioner that the petitioner took voluntary retirement on 31.03.2019 and in spite of favourable orders in favotrr of the petitioner vice O.A. No. 4435 of 2015 dated 03.09.2015, the 2nd respondent ,lid not pass orders on petitioner's repret;entation dated 14.03.20?-2 addressed to the 2nd respondent herein. : i I -t SN, J wP 21868 2022 Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. The learned counsel appearing on behalf of the petitioner submits that the subject issue pertains to a case filed prior to 2022, no counter affidavit has been filed as on date and the petitioner has undergone lot of hardship since petitioner retired on 31.03.2019.

5. The learned Government Pleader for Services-I appearing on behalf of the respondents submits that the writ petition could be disposed of directing the 2nd respondent to consider the grievance of the petitioner as put forth by the petitioner vrde representation 14.03.2022 addressed to the 2nd respondent herein, in accordance to law, within a reasonable period.

6. Learned counse! appearing on behalf of the petitioner does not dispute the said submission made on behalf of the learned Government Pleader appearing on behalf of the respondents. 7 Takin into consid ration I -r...: #*w*--' --1 4 (a) The aforesaid facts and circumstances of the SN,'J wl, 2 t868 2022 case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Governmenl: Pleader for Services-I appearing on behalf of the respondent:;, (c) The r:ontents of the petitioner,s representation dated 14.03 2OZL2 addressed to the 2nd respondent herein, (d) The fact as pleaded and put forth by the learned counsel appearing on behalf of the petitioner that no orders have been passed on the petitioner,s representati,on dated 14.03.2022 by the 2nd respondent herein as on date, though the petitioner obtained voluntary retireftrent from service on 31.03.2019, The writ petition is disposed of directing the 2nd respondent to c,cnsider the grievance of the petitioner as put forth in the petitioner,s representations dated L4.O3.2O22 addressed to the 2nd respondent herein and petitioner's reprr=sentation dated 24.O3.2c.22addressed to the 1't respondent herein pertaining to sanction of 5 SN, J wP 2t868 2022 differential salary and allowances due to the petitioner with effect from 31.O3.2019 with interest and further, to regularize the service period of the petitioner from 05.05.2015 to 19.11.2O15 as on duty, 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 petationer. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPYII SD/-K. SREE RAMA MURTHY EPUTY REGISTRAR SECTION OFFICER The Principal Secretary, Revenue Department, Secretariat' Hyderabad The Commissioner of State Taxes, State of Telangana, M J Market Road' Nampally, Hyderabad. TheJointCommissioner,HyderabadRuralDivision,Gaganvihar'Sthfloor Nampally, HYderabad One CC to SRl. D Y L N CHARYULU Advocate [OPUC] TwoCCstoGPFoRSERV|CESl,HighCourtfortheStateofTelangana. Two CD CoPies To, 1 2 2 4 ( C! KKS HIGH GOURT DATED:1 010312025 ORDER WP.No.21868 of 2022 yE S141 e. ? z () + -) 21 APfl 21ffi ,)_ \.. i r\ ,:9PATC cl) * DISPOSING TI-IE WRIT PETITION WITHOUT COS}TS ? 4,1 t/ /25