The Apex Court in the iudqment oassed in Deokinandan Prasad v. State of Bihar and Others reoorted in

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 in the nature of Mandamus or any other appropriate writ. order or direction, by declaring the action the respondents in not releasing pension and other pensionary benefits including Gratuity, E.L. arrears and PRC arrears, though he retired from service on 31-01-2021 , on attaining the age of superannuation, as illegal, arbitrary and u nconstitutional being violative of Articles l F * $ Fi k F .t '14, 16 and 11.1 of constitution of lndia and consequen y direct th:) respondents to release pens;ion anrl other pensionary benefits including Gratuity, E.L. arre'brs and PRC arrears to the petitioner, with interest. lA NO: 1 OF 2023 Petition unde- Section 15i cpc praying that .iri the circums;tances stated in the affidavit filed in support of the petition, the High court may be pleased ro direct the responderts to release Gratuity, E.L. arrears and pRC. arrears, to the petitioner, pending final disposal of the main W.p. lA NO:2 OF ,2023 Petition under section 151 cpc praying that in the circumsrances stated in the affidavit filed in s.rpport of the petition, the High court rnay be pteased to direct the 3rd respondent to submit the bifls regarding pension and other. pensionary benefits including (iratuity, E.L. arrears and pRC arrears pe,taining to the petitioner to lhe 4th respondent and on such, direct the respond,::nts to pay the pensionary benefits including Gratuity, E.L. arrears and pRC iarrears, to the petitioner, pending fir al disposal of the main W.p. Counsel for the Petilioner :SRl S. GOPAL RAO Counsel for the Resgrondents: AGp FOR SERVICES ll The Court made the rbllowing: ORDER r r h I ! r' HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.172 s1 0F 2023 ORDER Heard Sri S.Gopal Rao, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Services-Il appearing on behalf of the respon dents.

2. The Detitione r aooroached the Court s ekinq oraver as under: "..-to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, by declaring the action the respondents in not releasing pension and other pensionary benefits including Gratuity, E.L. arrears and PRC arrears, though he retired from service on 31- Ol-2027, on attaining the age of superannuation, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to release pension and other pensionary benefits including Gratuity, E.L. arrears and PRC arrears, to the petitioner, with interest and to pass..."

3. It is speciFic case of the petitioner that the respondents are not releasing pension and other pensionary benefits including Gratuity, E.L. arrears and PRC arrears, though petitioner retired from service on 31.01.2027, on attaining the age of superannuation, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 27 of Constitution of India. 2 SN. J Aggrieved by the said action oF the respondents, the prr:rsent Writ Petition is filec.

4.. Learned counsel appearing on behalf of the petitioner submit:s the petitioner superannuated on 2Z.OL,ZOZ]- as Office Subordinate in the office of the Collector, Mahabubabad on attaining the age of superannuation i.e., 6O years on 31.O1.2O21. Thereafter, the petitioner had been making repeated requests for release of the pension and other pensionary benefits including Gratuity, E.L. arrears and PRC arrears of the petitioner, but however the respondents have not initiated any steps in considering the plea of the petitioner for release of the pension and other pensiorrary benefits including Gratuity, E.L. arrears and PRC arre;trs in accordance to law. The 3.d respondent failed to discharge his duties of submitting the bills regarding pension and other pensionary benefits including Gratuity,, E.L, arrears and pRC arrears pertaining to the petitioner anrJ the 3'd respondent did not initiate the requirecl stepr; in time denying the benefits of the pension other pensionary benefits including Gratuity, E.L. arrears and PRC arrears of the petitioner. I SN. J

5. The Apex Court in the iudqment oassed in Deokinandan Prasad Vs. State of Bihar and Others reoorted in 1971 (2) SCC 33O held that oension is not a bountv. In the said iudoment. it is observed as under:- " But we agree with the view of the majority when it has approved its earlier decision that pension is not a bounty payable on the sweet will and pleasure of the Government and that, on the other hand, the right to pension is a valuable right vesting in a government servant."

6. In D.S.N kara and Others Vs. UOI re orted in 1983 (2) SCR 165. it had b n observed as under:- Pension to Civil employees oF the Government and the defence personnel as administered in India appears to be a compensation for service rendered in the past. 7 In Bha rat Petroleum ( Erstwhile Burmah Shell) Manaoement Staff Vs B harat Petroleum CorDOration Ltd. ed in 1988 3 s h A exC observed s.under:- "Pension is no longer considered as a bounty and it has been held to be property. In a welfare state as ours, rise in the pension of the retired personnel who are otherwise entitled to, it is accepted by the State and the State has taken the liability. 4 SN, J Supol 1 ex Court in the iudqment reDo rted in 1992 in Al dia R rve B Retir Offic s Association and Others Vs . UOI observed a s under:- "The concept of pension is now well known and has been clariFied by this Court time and again. It is not a charity or bounty nor is it gratuitous payment solely depr:ndenf on the whi.n or sweet will of the employer. It is r,rarned for rr:nderirrg long service and is often described a,; deferred portion cf compensation for past service. It is in r.act in the nature of a social security plan to provide: for the December of life of a superannuated employee. S uch social security plans are consistent with the socio,economic requirerrents of the Con mp loyer is a State lvithin the meaning ons,titution. stitution when the e oF Article 12 of the C

9. Learned Assistant Government pteader for Services_Il appearing on behalf of the respondents submits that the petitioner nTay be directed to put-forth petitioner,s graevance b), way of representation to the respondents herein and ttre same would be considered in accordance to law within ir reasonable period, since petitioner had not addressed any representation to the respondents on the presenlt subjq6l issue and hence, the respondents cannot be held liabler alleging inaction on the respondents part by the petitioner. herein is unjust.

10. T kinq into co nsideration: - 5 SN, J a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitiirner and learned Assistant Government Pleader for Services-Il appearing on behalf of the respondents. c) The observations of the Apex Court in the judgments (referred to and extracted above) and again enlisted below:- i) 1971 (2) SCC 330 ii)1983 (2) SCR 16s iii)1988 (3) SCC 32 d) The fact as borne on record that the petitioner admittedly had not put-forth any written representation to the respondents as on date though at para No.5 of the affidavit filed by the petitioner in support of the present writ petition, it is specifically averred that the petitioner repeatedly requested the respondents for release of petitioner's pension and pensionary benefits, but however none of the said requests are brought on record by the petitioner herein. 6 SN. J T rit Petition is disoosed of direc tinq the the qrievance of the oeti oner as Detitio ner tc, out-fort put-forth in the oresent Writ Petition seekinq release of other oensionarv ben fits incl udinq Oension an d Gratuitv, E. L arrears and PRC arrears Detition er's leqa I entitlemen to the re pon de nts h erein as per within a oeri od of one (O1) week from the date of r eipt of co order an on the r eceivinq the said reDresenta ton of the Deti ioner, the res Doridents are directed to con sider the same in acco rda nce to law, dulv takino nto conside ration th observa tion f Aoex Court in the iudoments (referred to and extracted above and t ake necessarv steos to submit bills perta in inq to the oension and other oen srona rv ben ef its includinq G ratuitv, E.L. arrears and PRC arrears of the oetitioner erein and ass a DDroDra ate orders on the ubiect issue within a peri od of three ( O3) wee s therea fter and dulv communicate the decision on the subi ect issue to the oetiti oner. However, there shall be no order as to costs. 7 SN, J Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. S /.P. PONNA KRISHNA ISTANT REGISTRAR TION OFFICER c tariat Buildings, The //TRUE COPY// To,

1. The Principal Secretary,. Revenue Department, State of Telangana, Hyderabad-500 O22.

2. The District Collector, Warangal, Warangal District. 3. The District Collector, Mahabubabad, Mahabubabad District. 4. The District Treasury Officer, Mahabubabad, IVahabubabad District. 5. The Managing Director, The Telangana State Cooperative Rural lrrigation Corporation Ltd., 5-10-193, 1St Floor, HACA Bhavan, Opp. Public Gardens, Hyderabad.

6. The District Audit Officer, State Audit, Mahabubabad, Mahabubabad District 7. The Principal Secretary, Finance Department, Secretariat Buildings, 8. One CC to Sri S. Gopal Ra, Advocate [OPUCI 9. Two CCs to GP for Services ll, High Court for the State of Telangana, at Hyderabad-5O1 022. Hyderabad [OUT] '10.Two CD Copies TJ I}S F F\ E. p l- i T 7 i L HIGH COUR'T CC TODAY DATED:2210412025 ORDER WP.No.17251 ot 2023 --: :: =:_--:_-\ .;rrr !i r-,", it: _/,.' <.

1.. )' ,a: ,] 2 1 I'AY I7 t:) _t, .i.. , a DISPOSING OF THE WRIT PETITION WITHOUT GO,STS ( I I F !" F r