K.Muthaiah' S/o K Somarah ' AS.9 62.Years' Occ Retd v. The State of Telangana
Case Details
Acts & Sections
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 or order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents 1 to 5 in not releasing the admitted Commuted Value of pension of Rs.16'99'725/-' dated 17- O5-2O24 Gratuity (Composite Share)vide Token No 252 253gBB4 an amount of Rs.1'1 ,25,'1 64/- dated 27-08-2024, Gratuity ( TG Share ) Vide Token No.2522539904 an amount of Rs 4'74'836/- dated 27-OB-2024 'CVP Bill (Composite Share) vide Token No 2522539848 an amount of Rs 1 1 dated27-08-2024 ,CVP Bill (TG Share )Vide Token No 2522539859 an amount '95 '2931-' Rs 8'93'482/-dated '10-09-2024, of Rs'5'04'432/- dated 27-oB-2024, Finar Encashment of Earned Leave , Harf pay Leave Encashment vide Token No.2523096817 an amount of Rs.5,75,092/-dated 18-11-2024' Zp G p F Finar payment vide Token No. 2522648462an amount of even after finarising the bi, and having generated in comprehensive Financiar Management System (cF,'/s) inspite of repeated requests as iregar, arbitrary, unreasonabre and viorative of Articres 14, 16 and 21 of the constitution of India and consequentry it is prayed that this Honourabre court may be preased to direct the Respondents 1 to 5 herein to rerease and pay the admitted Commutec, Value of pension of Rs.16,99,725l-, dated 17_OS-2024 Gratuity (composite share)vide Token No.2522539884 an amount of Rs.11,25,164/- dated 2Z_OB_2024, Gratuity ( fc Share ) Vide Token No.2522539904 an amount of Rs.4,74,836/_ dated 27-OB_2O24,CVp Bi, (Composite Share) vide Token No.2522539848 an amount of Rs..1 1,gS,2g3l_, dated 27-08-2024 .CVp Bi, (TG share ) Vide Token No.2522539859 an amount of Rs.5,04,432^ dated 27-OB-2024, Final Encashment of Earned Leave , Half pay Leave Encashment vide Token No.25230968 17 an amount of Rs.5,75,0g2l-dated 18-11-2024' Zp G p F Finar payment vide Token No 2522648462 an amount of Rs 893492/- dated 1Oro9r2o24 with interest arias 24 percentage p.a pending disposal of the main writ petition. lA NO: 1 oF 2025 Petition under section '1 5'1 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the Hrgh court may be preased to direct the Respondents 1 to 5 herein to rerease and pay the admitted commuted Value of pension of Rs.16,99,7251, dated 17 _O5_2024_Gratuity (Composite Share)vide Token No.2522539884 an amount of Rs.1 1,25,1641_ dated 27_08- 2024' Gratuity ( TG share ) vide Token No.2522539904 an amount of Rs.4,74,836/- dated 27_08- 2024 ,CVp Bill (Composite Jiare) ,vide i\ro2522539848 an amount of Rs.11,g5,2g3r-, dated 27-08-2024 ,CVp Bi, (TG Share ) Vide Token No 2522539859 an amount of Rs.5,04,432 /- dated 27-o8- 2024' Finar Encashment of Earned Leave , Harf pay Leave Encashment vide Token No.25230968i7 an amount of Rs.5,75,092/_dated 1B_1 1_2024,2p c p F Final Payment Vide Token No.2522648462 an amount of Rs.8,93,482^dated i0- 09-2024, with interest @ 24% p.a pending disposar of the main writ petition. Token Counsel for the Petitioner : SMT'UMA DEVI NAMA CounselfortheRespondentsNo'1'3to5:GPFORFINANCE Counsel for the Respondents No'2&6 : GP FOR EDUCATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO TP ON 1 7 OF o2 ORDER With the consent of both the parties, this Writ petition is taken up For disposal, at the admission stage.
2. Heard Smt. Uma Devi Nama, learned counsel for the petitioner, learned Government pleader for Finance appearing for respondent Nos.1, 3 to 5 and learned Government pleader for Education appearing for respondent No.2 and 6 3 Learned counsel for the petitioner submits that the petitioner retired from service on 31.05.20 24 and till now, his retirement benefits were not released by the respondents.
4. Learned Government pleader submits that the bills pertaining to the retirement benefits of the petitioner are already processed. However, due to dearth of funds, the amounts could not be released to the petitioner on time. Learned Government pleader further submits that as per seriatim of the token numbers, amounts will be released to the beneficia ries. l a
5. Having regard to the above submissions, this writ petition is disposed of directing the respondents to release the admitted Commuted Value of pension of Rs.16.99,725/_, dated 17-O5-2024 \ Gratuity (Composite Share) vide Token No.2522539884 an amount of Rs.11,25,164/- dated 27-OA-2A24, Gratuity ( TG Share ) Vide Token No.2522539904 an amount of Rs.4,74,836/- dated 27-08- 2024, CvP Bill (Composite Share) vide Token No.2522539848 an amount of Rs.11,95,293l-, dated 27-OB-2024, CVP Bill (TG Share ) Vide Token No.2522539859 an amount of Rs.5,04,432/- daled 27- OB-2O24, Final Encashment of Earned Leave, Half Pay Leave Encashment vide Token No.2523096817 an amount of Rs.5,75,092/- dated lB-ll-2024, ZP G.P.F Final Payment Vide Token No. 2522648462 an amount of Rs.8.93,482/- dated 10-09- 2024, pertaining to the petitioner, as expeditiously as possible, preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/. AHMED ABDULLA KHAN SISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To,
1. The Chief Secretary, to Government, Finance Department, Dr.B.R.Ambedkar Secretariat Buildings,State of Telangana, Hyderabad. 500022.
2. The Principal Secretary, School Education Department, Dr.R.R.Ambedkar Secretariat Buildings, State of Telangana, Hyderabad-500022.
3. The Director of Treasuries and Accounts , Government of Telangana, lnsurance Buildings, Tilak Road, Abids, Hyderabad -50000-1 .
4. The District Treasury Officer, Jangaon District. 5. The Sub-Treasury Officer, Kodakandla, Janagaon District. I /
6. The I\,4andal Educational Officer, Kodakandla, Janagaon District 7. One CC to SMT.UMA DEVI NAIVA, Advocate. [OpUC] B. Two CCs to Gp FOR FINANCE; High Court for the n EDUCAT.N, High court ,",.;:'ff:::i":# j::l lyo""?,";l: B?i,"; '10. Two CD Copies. BSK GJP 6 HIGH COURT DATED:22tO7t2O2S \ \ { ( 18 IUB zffi ($( .'t' ., 4":/ ,.C t/ ORDER WP.No.21073 of 2O2S .DISPOSING OF THE WRIT PETITION WITHOUT COSTS @tt'o 4 \ F} {