✦ High Court of India · 11 Jun 2025

High Court · 2025

Case Details High Court of India · 11 Jun 2025
Court
High Court of India
Decided
11 Jun 2025
Bench
Not available
Length
1,071 words

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 15641 oF 2025 Between: . Reddy, S/o. _Br_ahma Reddy, Age 61 years, Occ. Retired A.Dayakar Superintending Engineer, Office of Superintend=ent Engineer, panchayat Raj Circle. Bhongiri, Yadadri Bhongiri Distriit. ...PETITIONER AND

1. The State^of Telangana E"p. Oy its principal Secretary to Government, F.rnance Department, Dr.B.R.Ambedkar. Telangana State Secretariat, Hyderabad. 2 J 4 The Engineer-ln-Chief, Panchayat Raj Department, Telangana, Hyderabad. The Principal Accountant General (A and E), Telangana, Hyderabad. The Director of Treasuries and Accounts, Telangana, Hyderabad. The Deputy Director of Treasuries, Yadadri Bhongiri, yadadri Bhongiri District. The Superintendent Engineer, PR Circle, Bhongir, yadadri Bhongir District. 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 [\/andamus declaring that ...RESPONDENTS 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.PAG(A & EyPl9/ il/ D-99/Sp013t2024-1ot3168 dated 31 .12.2024 is illegal, arbitrary and discriminatory, violating Article 14, 1 6 and 300-A of the Constitution of lndia. I b) further dec;la -e tlrat, the Respondents shall forthwith |ele:rse all terminal benefits paya5le, tO the Petitioner including Death-cu m-Retir€ nrent, Gratuity, CommutationcfPension,GeneralProvidentFundamountandencashmentof Earned Leave and irrrned Leave amount and other benefits in pursuance of his retirement datr:d 31 .12 2024 and the proceedings in Lr.No.Pr\G(l\3, E)/P19/1',llD- gglsPo13l2}24-10/l'l 68 dated 31 .12.2024 of the 3rd Resporrderrt and Petitioner was also enti.lei E:rrcashment of Leave amount of Rs.24,13,4'Ji)/- which was sanctioned on 1 I O ? 2025 vide Token No.2523965142. Petit one' s also entitled for GpF amoun. o Rs.21 ,47 ,5961- which was sanctioned on ()4 .0'1 .2025 vide Token No.25235931;48. Petitioner is alsO entitled for surrencler L eave amount of Rs..1 ,02,933/-s;a rrcti : ned on 29.O9.2024, vide Token No 242907()262 and further amount of Rs.' ,iL().570t- which was sanctioned on 21 -'1.2(li4 vide token no.2523233125. Pot tioner is also entitled for commutaticn V;alue amount of Rs.32,g1 ,2621 . vrhir;l- was sanctioned vide proceedings of tl^ e 3rd respondent in Lr.No.AG(A zLncl t:)/P19/ll/D-99/SP613/2024-1012509 dated 11.11.2024 vide Token No.252377*i'g and Token No.2523778546 respectively. l)t;titioner is also entitled for an utnlount of Rs-71,62'll- towards commutatic n Vrllue which was sanctioned vije L-r.l'lo.PAG(A and E)lPlglllllD-991sP6131?-024-',0l3168 dated 31 .12.2024. c) the Respordents have no right or power to withhcld the ti)rminal benefits payable to the Petitic ner after his retirement. IA NO:1 OF 2 9-2' petition unde rr Section '1 51 CPC praying that in the circu nstances stated in the affidavi:filed rn support of the petition, the High ()ourt m:ry be pleased to direct the Rer;poncents to forthwith release all the terminal berrefits payable to the Petitioner irr prrsuance of the Lr.No.PAG(A & EyP19/ll/D-3lllsPo13l2o24- 1O/3168 date(, :i1 .' 2: .2024 of the 3rd Respondent including pay'nent of General provident Furrd anrount and encashment of Earned Leave an,l Earned Leave amount, pendin(t disposal of the Writ Petition and pass Counsel for thE PEIiIiONET: SRI GADDAM JALPATH REDDY SRI VEI{}(AT REDDY Counsel for the Re;pondent No.1 : GP FOR FINANCE Counsel for the Re;pondent No.2 & 6: GP FOR PANCHAYAT RAJ Counsel for the Re,;pondent No.3: SRI K.BALA KRISHNA, SC FOll AG Counsel for the Re:;pondent No.4 & 5: GP FOR TREASURIES & ACCOUNTS The Court made thr: following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO TP o N 1 4 ORDER With the consent of both the parties' this Writ Petition is taken up for disposal, at the admission stage'

2. Heard Mr. Gaddam Jalpath Reddy sri Venkat Reddy' learned counsel for the petitioner, learned Government Pleader for Finance appearing for respondent No'1' learned Government Pleader for PanchaYat Raj aPPearing for respondent Nos'2 and 5' learned Government Pleader for Treasuries and Accounts aPPearing for respondent Nos.4 and 5 and Mr' K' Bala Krishna' learned Standing Counsel for Accountant General appearing for respondent No'3' \ I t

3. Learned counsel for the petitioner submits that the petitioner retired from service on 3l'12'2024' Considering the pension proposals, respondent No'3 sanctioned pension to the petitioner vide Letter dated 31'12'2024' However' till now' his retirement benefits were not released by the respondents' 4. 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 3l'12'2024' amounts will be released to the beneficiaries '

5. Having reSard to the above made submissic,ns, this Writ petition is c isprc,sed of directing the respondents to release retirement rlerlofits to the petitioner in purstrance of Letter No.F'AC;(A&E)/P79/tI/D-99/SPOL3/2024-l-0l3168, dated 31.12.2024. issued by respondent No.3, as exf'edit iously as possible, pr,:fr:rably within a period of ten (10) weeks frorr the date of receipt c,f a (:()py of this order. There shall be n: otder as to costs. Miscellanerrurs petitions pending, if any, shall starrd c osed. //TRUE COPY// AL9R!ry_v494 BEP9Y / SI\IANT REGISTRAR / SECI'ION OFFICER SD/- AS II . \ \lv To,

1. The Pr nciPal Dr.B.R.Arnb edl'ar Telangan,:. Secretary Telangana to Government, State Secretariat, Fina nce Department, Hyderak,a J, State of

2. The Engirrer>r-l r-Chief, Panchayat Raj Department, Telangana, l-lyderabad' 3. The Principal Ac()ountant General (A and E), Telangana, Hydet atlad' 4. The Directo' of Treasuries and Accounts, Telangana, Hyde rabttd. 5. The Deputy Dir:rlor of Treasuries, Yadadri Bhongiri, Yadalri Bhongiri District. 6. The Superintendent Engineer, PR Circle, Bhongir, Yadadri Bhorrrlir District. 7. One CC t: SlR.l GADDAM JALPATH REDDY SRI VENKAT RE) )Y, Advocate loPUCl

8. One CC tr SiRl K..BALA KRISHNA, SC FOR AG [OPUCI g. Two QQs t6r GP FOR FINANCE, High Court for the State o1' felangana at Hyderabad IOL Tl

10.Two CCs; to iP FOR PANCHAYAT RAJ, High Oourt for the State of Telangan a at Hyrjerabad [OUT]

11.Two CCs to G;[) FOR TREASURIES & ACCOUNTS, High Cor,rrl for the State of Telangran.a a tlyderabad [OUT]

12.Two CD Oopie:; BSR GJP $ , HIGH COURT DATED:1 1106;2025 E!; TODAY (:) tJ a:. ()" * ORDER WP.No.1564il of 2025 o,B THE S 14 '( ? ll itN ?025 P :2r '! t;. ^\l--1" .,, *::/i i,- tt *: .:- - ..-r.,i'r'" DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 3

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