Heard Mr v. R. Machavaram, learned counse
Case Details
Acts & Sections
Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to direct the respondents to forth with release the 80 percent of the Gratuity amount with interest to the petitioner consequent to his super aRnuation on 31/08/2020 pending disposal of the main writ petition Counsel for the Petitioner: SRI' V' R' MACHAVARAM Counsel for the ResPondent Nos 1to4: GP FOR SERVICES I Counsel for the Respondent No'5: SRI K' BALAKRISHNA' - SC TONACGOUNTANTGENERAL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No 20958 0F 2025 ORDER: With the consent of learned counsel for respective partibs, this Writ Petition is disposed of at the admission stage itself. 2. Heard Mr. V. R. Machavaram, learned counse] for the petitioner, learned Government Pleader lor Services-l appearing for respondent Nos. I to 4 and Mr. K_ Balakrishna, learned Standing counsel lor Accountant General appearing lor respondent No.5. perused the record.
3. Learned counsel for the petitioner submitted that the petitioner was appointed as Junior Assistant in Telangana State prohibition and Excise Department on 25.04.1987 and got promotion as Excise Sub_ Inspector in September 2OO4 and later as Excise CI in September 2015 and he rctired from service on attaining the age of superannuation on 31.09.2020. It is further submitted that the petitioner r,r'hile ivorking as prohibition and Excise Sub-rnspector at P& tr Station Medak, he was trapped by the Anti corruption Bureau on the allegation of demand of bribe and acceptance of bribe and a case was registered and he was arrested and got released on bail. It is further submitted that the petitioner was kept under suspension and was subsequently re-instated into service and now the petitioner is placed before the Hon'ble Court of Special Judge for SpE & ACB, Hyderabad. It is further submitted that the 4ff respondent addressed letter Cr.No.A ll36/ACl2O2O dated 16 lO '2O2O sought permission of |he3.drespondcntforsanctionofretirementbenefitsthatis DncashmentEarnedLcave,GPF,GIS,TSGLIandforwardingfor provisional pension but $'ithout secking permission for payment of the Gratuitv as Per his eligibilitY. Learned counsel for the petitioner further srrbmitted that the 4. petitioner is entitled for Encashmcnt Earned Leave' GPF' GiS' TSGLI etc, but the respondents had not paicl the retirement benefits inclucling Encashment o[ Earr'ed Leave, GPF, GIS' TSGLI etc'' on the alleged ground of demand of bribe and acceptarrce of bribe and Lherefore the petitioner is entitled for payment of pension and retirement benelits on the date of retirement along vrith lnterest in accordance with rules ancl he rclied upon the order of this Court in W.P.No.4147 ol 2024 r'"'hercin the respcndents are directed to release the 8O% gratuity to thc pctitioner ii-r accordance with G'O Rt'No' 1O97' d.ated, 22.Cl6.20O0. And in vicvr ol the said order, the petilioner is also entitled for similar relief for reiease of 8o% Gratuity and Encashment of trarned Leave amount. Accordingly, the present writ petition is The learned Government Pleader appearing for respondents did
5. not oppose to dispose of the Writ Pel'ition in terms of G'O Rt'No 1O97' dated 22.06.2OAO. l ; i I l t I i i i : ! : : t -----'r:.'. '*rv.-'4afir ',F- 4'- -7 ' ,i::- :"' /
6. In view of the submissions made by the learned counsel for respective parties, without going into the merits of the case, the respondents are directed to release 8O7o Gratuity and Encashment of Earned Leave to the petitioner, in terms of G.O.Rt.No.1097, dated
22.06.2000 , within a period of eight (O8) weeks from the date of receipt of a copy of this order.
7. Accordingly, this Writ Petition is disposed of, at the admission stage itself. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed t \ SD/-AHMED ABDULLAH KHAN ASSISTANT REGISTRAR //TRUE COPY// secfuft6rrrcen To, 1 2 , 4 5 6 7 B I The Principal Secretary, Revenue(Excise)Department, Secretariat Buildings, Hvderabad, State of Telangana. The Commissioner of Prohibition and Excise, State of Telangana, Nampally Station Road, Hyderabad. The Deputy Commissioner of Prohibition and Excise, Hyderabad Division, State of Telangana. The Assistant Commissioner of Prohibition and Excise (ENFT), Ranga Reddy, Telangana State. The Accountant General, Telangana, Hyderabad. One CC to SRl. V. R. TUACHAVARAM, Advocate [OPUC] Two CCs to GP FOR SERVICES I ,High Court for the State of Teiangana at Hyderabad [OUT] Ohe CC to SRl. K. BALAKRISHNA , SC FOR ACCOUNTANT GENERAL toPUCl Two CD Copies qs- BM BS I i I I l t I I I I I l i I j I ! l ! ; i HIGH COURT DATED:2210712025 ORDER WP.No.20958 of 2025 r,1f- 5 r;.; ( Lr6 e J o o 19 [uE ) :ll : ll I o .S () CTA DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS ('tr \ a ))