Smt.B.Ramana v. Diary DeveloPment e

Counsel for the potitioner : SRI KAMALAKARA RAO BATHINA Counsel for the Re,s;pondents: ASST.Gp FOR SERVICE:j ll The Court marle the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o 222540F202? oRDER: Heard Sri Kamalakara Rao Bathina, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-Il, appearing on behalf of the respondents' 2 The oetitioner a D roach d this Court seekinq the Draver as under: "...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent in not releasing the amount as per letter No' 167t3lAl/2022 dated 15/12/2022 to the Special Chief Secretary to Govt., Animal Husbandry Diary Development and Fisheries Department, 3'd floor, BRKR Bhavan, Hyderabad is illegal, arbitrary, partial and also violative of principles of natural and further direct the respondents to justice the amount as Per Letter No' release 16773lAl/2022 dated 15/12/2022 under the head Account of Professional services and other payments immediately and pass such other orders as this Hon'ble coult may deem fit and proper in the circumstances of the case." ;. \_) t i I t 2 SN,J W.P.N(', 2221';4 of 2023

3. Thr: :ase of the petitioner, in brief, i; ttrat the petitioner had retired from service as Office Subord nate in the Dist.i(:t Animal Husbandry Department, Khamnram on 28,02.2A2.- without any remarks. Despite r.etir ng on 28.02.)-02'.. petitioner was not paid retirement bene.its like Earned Loit,r'e and Gratuity. Petitioner marJr: several represental.io ns to the respondents, but they fa Ied to release ihr: said amounts. Aggrieved by the san e, the petitioner f I :d the present writ petition. PERU SED r HE RECO D:

4. Ih_e__televant oortion of the oroceeg[gg1of the D lrecto of _Veterinarv and Anim shanthi Naoar ,HV d era bad vide Lr.N .!6713/A1 12022_dated 2.202:l_addressed to the Speciat Chief SCqi.etarv 1 to GovernrS_ent, Animal Husband )ment and Fis h eri SD me t H rs _ext!'acted here n der: '.r view of the above, it is requested k nd y to relerrs;e additional budget of Rs.1,90,r100, _ (Rupeer; One lakh and ninety thousand only. I fc r fin,rncial Year 2032-23 under the heeci r,f th€) l) 3 SN,J w.P.No.22254 of 2023 Account 2403-00-OO1 25-04-2BO/284 (Professional Services & Other Payments), to enable to pay PRC2O20 Arrears to the retired redeployed employee who worked in the O/o DV& AHO' Khammam." o h 2 A 5 I 20 a 2 .11. 23 issu b v m A mal Dia Dev m n an Fish n s r t Dire n an Ani lHu Naoar, H derab ad. is extra edh reun er: "On this issue a file has been processed and sent to Fin (EBS.II) Department for release of the ECI budget. rGe neral Elections of an ounced sch In s In the mean hile, T la !n n s and declared that the MCC operation with immediate o9.10.2023. wlth Fin ance Deoart me nt." effect I I l i 4 SN,J \4,.P.N,) 222 i4 of 2023 1

6. _9_eg.nter affidavit has been filed on behal! of the respondC 0_t N 3 ariroraoh V No.s ile)$atted herCun4[i 'It is further submitted that, vide this; off ce L' Fic,: No. t763/A/2018, Dt; O3-tt_20r,.2 aro l3_ 72- )A)_2 requested the Director of Vete -ina -y a rd Anirnal Husbandry, Telangana State, tlydr:.ab:d for release of budget Rs.1,90,000/_ (Rurpees Ore Lakh \ irety Thousand only) towards pR(: 20 Z0 arreaT:; Jnder Head of Account _2403_0rl_00t-2S_ 04-28(.)/')_84. The Director of Veterinary a rd trnirr al Husbarriiry, Telangana State, Hyderaba<l h ts addres;s:d a letter to the Special Chief Se:retary :o G{lverr rng11, Animal Husbandry, Dai .y De'./eic tnrent and Fisheries Del)art.rent, Hyderabard vide Lr.No.14713/AI/2022, D,ttec I 1:i_ l2-?-Ct2.2 and Dt.26.05.2023 for release of b.ldgct Rs. 1,91,C00/- (Rupees One Lakh Ninety -l-housard onl\/) u rJer Head of Account: 2403_00_001_2.;.Ot - 2BC/28.1. Copy of letters are herewith enc.loserrl fc r kind pe -usal. 'l'he Soecial Go_ve111ru ent, Stateo f Telanqana HuSlArrrt chi f Dai r D v o Secretarv - t,2 Animel F r5_he_rj-gr,i 27,UA,E t 2 2 D m VI -No, d:2 -1 -2 3ha I 5 SN,J w.P.No.22254 of 2023 informed that file has been processed and sent to Fin (EBS-II) Department for release of budget for Rs. 1,90,000/- in the meanwhile, the Election Commission of India (ECI) has announced schedule for General Elections of Five States of India including Telangana State and declared that s -1 -2 23 Hence, the file is still pending with Finance Department' A copy of Memo is herewith enclosed for kind perusal'" t n e n

7. Addition al counter affidavit has No. 3a di behalf of the esoon den r een filed on DA icul ar, v a r N ts xtr e "3. I submit that, the respondent office has prepared bill in respect of Smt'B'Ramana W/o B.Krishna, aged about (60) years, Retd'Office Subordinate, Sub Centre (AH), Arempula under PVC, Khammam Rural, Khammam District towards PRC-2020 M neta rv BenefitsArrea sBill fro m 1- 4-20 to3 -o3-2021 f 2 7 r 1 o n Ei k n Nin E t B. No. 8 20 4- L-20 ove nm nt Bi AD Droval. (Copy of the same is herewith enclosing for kind perusal of this Hon'ble Court)"' o of or a I 6 SN,J W .P.N().222 ;4 ot 2023 DISCU s:t]) N AND co CLUSIO N: 8. A Oar: perusal of the record clearly inclicates that the Director (:f Veterinary and Animal Husberndr!, jhanthi Nagar, ll1,rl,:rabad vide his letter dated t5,12.2022 addresse,l t() the Special Chief Secretary to G()vernment, Animal H rsbandry Diary Development encl Fi sheries Depart:melnt (referred to and extracted abo,u e), .ec uested for prr:virlir, additional budget of Rs.1,90,0002 . f cr the financial \,,e:^t 2022-2023.

9. h bare perusal of the counter affidavit l.ilerl on behalf of the respc rrdent No.3, in particular, paragraph Nc.5 ;1s611, indicates thet the Special Chief Secretary to Goverr ment, Animal HLtsbandry Diary Development and Fisheries Departrrent tlyderabad vide Memo No.275llr\H_t t2)r 2023, dated 2:J. t1..2023 had informed that file had br:en processed and sent tr : rr(EBS-II) Department for rerease of b rdc et for Rs.1,90,000,, In the meantime, the Election Comrrissron of India had ,rr .:unced schedule for General Ele,:tiorrs o = Five States of In,:iia including Telangana State and declarerl that the MCC c:c -rr13s into operation with immediarte 3rfe,lt on ,)t 7 sN,l w.P.No.22254 of 2023 0g.lo.2023andhence,thefileisstillpendingintheFinance Department.

10. A bare perusal of the additional counter affidavit filed on behalf of the respondent No'3, in particular' paragraph No.3 clearly indicates that the office of the respondent No'3 had prepared bill in respect of the petitioner herein towards PRC-2020 Monetary Benefits Arrears Bill from 01'04'2020 to 31.03.2021 for Rs.1,82,78g/- vide bill No'1BB/2024-25 dated 08.01'2025 and Bill Status was awaiting for Government aPProval.

11. T tn n n a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behatf of the petitioner and the learned Assistant Government Pleader for Services-Il appearing on behalf of the respondents' c) The averments made at paragraph No'5 of the counter affidavit filed on behalf of the respondent No.3 (referred to and extracted above)' I I : I i I i I I ! I l t I l I I 1 I i a t: 8 SN,' W,P.No. 222: 4 ot 2023 d) Ihe averments made at paragraph [rlo,3 of the additicnal counter affidavit filed on behalf of the respondenl: No.3 (referred to and extracted arbove), that morretary benefits and

01.04.2O20 to 31.03.2021 already br:en submitted to same is arar;riting Government approva!, arrears bill from for Rs.|,8.2,799/. had the Governmenl: ar,d the e) The contents of the Proceedings vide Lr.No.1671jt / At/ZOZZ dated r5.!2.2O22 of the Director of ,/eterinary and Animal Husbandry, Shanthi Nagar, Hy,lerabad addressed to the Special Chief Secretary .lr) Government, Anamal Husbandry t)iary Development and Fisheries Department, Hyderabad (referred to and extracted above) and, f) 7he Memo No.27SL/AH_I(2)/202:3 dated 23.11.2022 jssued by the Special Chief Secretary to Governmenl:, Animal Husbandry Diary Dr:veloprrrent and Fisheries Department to the Director of Animal Husbandry, Shanthi Nagar, Veterinary and Hyderabad (referred to and extracted above), w -l 9 SN,' w.P.No'22254 of 2023 The writ petition is allowed' directing the respondents to consider the request of the petitioner for release of the amount as per Letter No.16713/A tl2022 dated 15'12 '2022 ot the D'rector of veterinary and Animal Husbandry' Shanthi Nagar' Hyderabad addressed to the Special Chief Secretary to Government,AnimalHusbandryDiaryDevelopment andFisheriesDepartment,Hyderabad,withinaperiod of three (3) weeks from the date of receipt of a copy ofthisorder.However,thereshallbenoorderasto costs. As a sequel, the miscellaneous Petitions' if anY' pending in the Writ Petition shall also stand closed ' s D/' K' BEEPEUSHI SlBTIlx *ot" ,nr, the error crept in not impleading l;f 3['iill # "Ifl , ''' Yb"lt^ul: arreadv been Hff ?s+it;.1:':$,itf disoatched. The same tl t"',i fi "" tl,f xlx:'le,l HJ,:li'""i ;;l*-.*:*l.las SD/.K,S REERAM A MURTHY DEPUTY RE GISTRAR ,/TRUE COPY// SEGTION OFFTCER To,

4. liH'?'fi Y'3'"u"o"l:l'"*andFisheries ;:?:,tl:lf '&:ii"J??all#3i1d33fl The Director, Veterinary and"enlmat Husbandry' Shanthinagar' Hyderabad' state of relangana' ' ' ' -L^^'r^' ..,fficer Khammam District' The District Veterinary and Animal Husbandry' Officer' fl:::il collector, Khammam' Khammam' Khammam District i I I l l I i I I I

5. One CC io SIt KAIUALAKARA RAO BAIH|NA, Advocate. [Ot,UCI 6 TwoaCCs to (,lP FOR SERVICES ll, High Court for tht-. St:rte o Telangana 7. Two CD {16p,-.; BSK {,/ _| a HIGH COUR-r DATED:17l0itt202| ctc toro" i r'' 0 s o ..1.'\. lii r 'rti?5 \ :,7_Z (,-. -) I :J {\ "i,i -t ,;/ AMENDED OI?DER WP.No.22254 ot 2O2i ALLOWING TI-IE WRIT PETITION WITHOUT COIS;TS /? 14 ,/7 /