1. G.Yadaiah , G.Yeshwanth Babu, (Died per LRs) v. 1. 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, order or direction, more particularly a Writ of Mandamus, declaring the impugned action of the 'l st respondent in not concluding the departmental enquiry against the petitioner vide Charge lvlemo in G.O.Rt.No.394, Higher Education (TE.l) Department, dated 04-06-2013 which is issued after his retirement on vague charges as illegal, improper. unjust, arbitrary, contrary to law and also violation of principles of natural justice and set aside or quash the same by further directing the respondents to release all the retiral benefits to the petitioner with interest lA NO: 1 OF 2022 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to .{r:.iiil.g- ';..',8 - _t: Y suspend the Charge Memo in G.O.Rt.No.394, Higher Education (TEA) Oepa.tment. dateO d'4-00-2013 issued by the l st respondent by directing the r"rpono"nt. to release all the retiral benefits to the petitioner pending disposal of the writ petition Counsel for the Petitioner: SRl. B KRISHNA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA W TP IT o N 4 2 202 ORDER: Heard Sri B. Krishna, learned counsel appearing on behalf of the petitioner and learned Assastant Government Pleader for Services-I appearing on behatf of respondents.
2. The e on ra pra ver asun er: r e "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the 1.t respondent in not concluding the departmental enquiry against the petitioner vide Charge Memo in G.O.Rt.No,394, Higher Education (TE.I) Department. dated 04.06.2013 which is issued after his retirement on vague charges as illegal, improper, unjust, arbitrary, contrary to law and also violation of principles of natural justice and set aside or quash the same by further directing the respondents to release all the retiral benefits to the petitioner with interest and to pass such other order...,,.
3. During pendency of the present writ petition, the petitioner died on 07.O1.2O2S, the wife of the petitioner filed I.A.No.l of 2025 to bring her as petitioner,s legal representative in the present writ petitaon. This Court vide L 2 SN, J wP 40t42 2022 its order dated 22.O7.2O25 in I.A.No'1 of 2025 brought the wife of the deceased employee G'Yadaiah @ G.Yeshwanth Babu, on record since the petitioner died in harness on O7.O3.2O25 leaving behind his wife and two children.
4. The case of the petitioner, in brief, is that the petitioner's husband late G.Yadaiah @ G.Yeshwanth Babu, was appointed as Motor Driving Instructor on the basis of Bth standard at Sanjay Automobile Academy, Vanasthalipuram, Hyderabad on 18.02.1981. The Government accorded sanction for the establishment of Government Polytechnic at Vanastalipuram in Rangareddy District from the academic year 1984-85 by converting the existing Sanjay Automobile Academy, Va nasthalipura m, Hyderabad and the Government ordered to continue the personnel recruited by the academy who were in service of the academy till 31.07.1984 and were subsequently absorbed in the new polytechnic in suitable corresponding post permanently. Accordingly the petitioner's husband was absorbed as Driver-cu m-Driving Instructor permanently into Government Service. Further it is the case of the petitioner that at the fag end of petitioner's husband service an oral allegation was made against t' I i r ! i J SN, J wP 40142 2022 the petitioner's husband stating that he had submitted farse H'S'C', certificate to the Department. Thereafter the petitioner,s husband was permitted to retire from service vide proceedings No.C/L004/20t2, dated
31.08.2012 issued by ihe 3.d respondent. After the retirement of petitioner,s husband, petitioner had made several representations to the respondents requesting to rerease the petitioner's husband terminar benefits and pension, as there was no disciplinary proceedings or written allegations were pending against the petitioner,s husband at the time of retirement. The 2nd respondent herein had sanctioned GPF and ApGLI vide Memo dated t6.02.20t3, but not released pension and other terminal benefits. The petitioner,s husband made a representation dated 02.03.2013 and 19.06.2013 to respondent No.1 requesting release provisional pension, but the respondents Accordingly, the O.A.No.5439 of did not consider the said representations. petitioner's husband was constrained to file 2013 before the A.p. Administrative Tribu n a l, Hyderabad and during the pendency of the above O.A., on 31.07.2013 the 3.d respondent served a copy of G.O.Rt.No.394, Higher Education (TE.I) Department, dated 04.06.2013 issued by the 1't respondent. Aggrieved by the same the petitioner preferred this writ petition. 4 SN, J wP 40t42 2022 -.\
5. PERUSED THE RECORD. The order dated 22.07.2025 oassed i I.A.No.1 of 2025 in W.P.No.4OL42 of 2O22. is extracted hereunder: "Heard Mr.B.Ashok, learned c0unsel appearing on behalf of the petitioner. Taking into consideration the submissions made by learned counsel appearing on behalf of the petitioner and duly considering the averments made in the afFidavit filed in support of I.A.No.1 of 2025 in W.P.No.40t42 of 2022, the LR petiiion is ordered as prayed for. Registry is directed to carryout necessary corrections in the cause title. " DISCUSSION AND CONCLUSION:
6. Learned counsel appearing on behalf of the petitioner submits that in view of the fact that the petitioner's husband late G.Yadaiah @ G.Yeshwanth Babu died in harness on 07.03.2025, the petitioner herein as the wife of the deceased employee requests the Court for settlement of all the retirement benefits due to the deceased employee, in accordance to law, within a reasonable period.
7. The learned Assistant Government Plea er aDpeaflnq on behalf of the resoondents submits that the writ ition could be dis ose the re 5 SN, J wP 40t42 2022 s le all t ere tirementb nti e n of th d s m s r e Y .Y sh n B b c a th d w wt f v r e rna er d n h tn n r o w ks c th or er. I to on der ti 1 (a) The aforesaid facts and circumstances of the case, (ii) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader appearing on behalf of the respondents, (iii) The order of this Court date d 22.01.2(125 passed in I.A.No_t ot ZO2S in W.p.No.4Ot42 ot 2(,22 passed in view of the fact that the deceased employee late G.Yadaiah @ G.yeshwanth Babu, died in harness on 07.O3.2O25 leaving behind his wife Smt.G.Latitha Devi and two children, The Writ petition is disposed of directing the petitaoner herein to make a detailed representation to the respondents herein pertaining to release of all the retirement benefits and other terminal benefits due to 6 SN, J wP 40112 2022 Jx petitioner's late husband i.e., the deceased employee G.Yadaiah @ G.Yeshwanth Babu, within a period of one (01) week from the date of receipt of a copy of this order and upon receipt of the said representation of the petitioner, the respondents are directed to consider the same and release all the monetary benefits due to the deceased employee G.Yadaiah @ G.Yeshwanth Babu, in accordance to law, in conformity with principles of natural justice by providing an opportunitf of personal hearing to the writ petitioner and pass appropriate orders within a period of three (O3) weeks thereafter and duly communicate the decision to the petitioner. However, there shall be no order as to costs. The mlscellaneous applications, if any pending, shall stand closed. SD/.M. JAWAHAR REDDY ASSISTANT REGISTRAR kr' Oilr oFFrcER SECTI //TRUE COPY// To,
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4. 5 1,/ 6. / KKS BS The Prl. Secretary, Higher Education (T.E) Department, Secretariat Buildings, Hyderabad -50OO22. The Commissioner, of Technical Education, Andhra Pradesh, Hyderabad' The Principal, Sanjay Gandhi Memorial Govt. Polytechnic, Abdullapurmet, Ranga Reddy District One CC to SRI B KRISHNA Advocate [OPUC] Two CCs to GP FOR SERVICES I ,High Court for the State of Telangana' Two CD Copies / t HIGH COURT I DATED:2810712025 CC TODAY sE H \\ (: 216 i;r ,:-. , i ,:t',ii ..u,r-irl i:- ..'ii" OgSEP P/'ii o1() t * * ORDER WP.No.40142 ot 2022 l i i I i I I i I i 1 ! i I i I I DISPOSING THE WRIT PETITION WITHOUT COSTS / 4,2 a ,/z/<,