l.Bhagyamma v. State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the action of the Respondents in not releasing and paying the pensionary benefits which includes (i) Retirement Gratuity composite State Share amount of Rs 14,74,554.001 with Token Number 2523140924 dated '1 1-11-2024 (ii) Retirement Gratuity Teiangana State Share amount of Rs '1 '25,446 001with token number 2523140954 dated 11-11-2024 (iii) Pension commutation Composite state share amount of Rs 22,22,329 001- with token number 2523140971dated ',l 1-11-2024 (iv)Pension Commutation Telangana state Share of Rs 1,89,062.00/- with token number 2523140981 dated 11-11-2024 (v) Final leave encashment bill amount composite state share amount Rs 4,44,374.0O1- with Token number 2523424838 dated 1 1 12 2024 (vi) Final leave encashment bill amount relangana state share amount Rs 5,7g,690.002| vith token number 2523424810 dated ii 12 2024 (vii) zpcpF FINAL piryr/ENTHEeuE Rs 15,68,927.00/- wrth cheque Number 2s2396776o dated 1.t ca.2o25 as iilegar, arbitrary, discriminatory, and violation of articles .14 and 16 o1'c;nstitution of lndia by issuing appropriate writ order or direction more particul,:r y in the nature of IVIANDAIVUS and consequenfly direct the Respondents to ret_,ase and pay the pension benefits with interest @ 24 ol, per annum from date o, r.)tirement to till the date of actual payment is made. lA NO: 1 OF 2O2s Petition under section 151 cpc praying that in the circrnrstances stated in the affrdavrt filed in support of the petition, the High court may be preased to direct the Respondents to rerease and Day the pensiona-y benefits which(i) Retirement Graruity composite State share amount of Rs 1r ,74,554 001 with Token Nurrber 2523140924 dated 1 l-11-2024 (ii) Retirement G.atuity Telangana state share amount of Rs 1 ,25,446 OO/-with token number 25?.3140954 dated 1 1- 11-2024 (iii) Pension commutation composite state sha re amount of Rs 22'22,329-001- with token number 2s23140971 dated .r 1-11-1024 (iv)pensron commutation Terangana state Share of Rs i,89,062.00/- ./vr.h token number 2523140981 dated 1 1-1i-2024 (v) Finar reave encashment bir arrount composite state sha'e amount Rs 4,44,374.00/- with roken numbe r 1)123424838 dated 11 12'2024 (vi) Frnal ieave encashment biI amount rerang rna state share amount Rs 5,79 690.00/ with token number 2s23424810 datec 1 1.12.2024 (vr) ZPGPF FINAL PAYIVTENT CHEeUE Rs .15,68,92700/_ witr cheque Number 2523967760 dared 14.02.2025 forthwith pending disposar cf the above writ petition pending disposal of the above writ petitron. Counsel for the Petitioner : SRI B.BHAGATH SAIN Counsel for the Respondents No.1,3&4 : Gp FOR SERVICES lll Counsel for the Respondents No.2 : Gp FOR SERVICES I The Court made the following: ORDER a ? t f * + 6 I '''.'*::'i-:i.iia, :- _.."1rr;1:lr:ii;,tl.::a.r:r.-..;1, :r_-: E:.:..:j,rP_pt + - .:, THE HON'BLE SRI JUSTICE PULLA KARTHIK - WRIT PETITION No.3O749 OF 2o25 ORDER: This Writ Petition is hled aggrieved by the inaction of the respondents in releasing retiral benefits to the petitioner

2. Heard Sri B.Bhagath Sain, learned counsel for the petitioner; learned Government Pleader for Ser-vices lor the respondents. With tl-relr consent. this Writ Petition is taken up for disposal at the admission stage itself

3. When the matter is taken up for hearing, learned counsel for the petitioner submit that the lls raised in the present Writ Petition has a1reac15r been adjudicated by the Division Bench of this Court in W.P.No.23138 of 2025, which was disposed of uide order dated O3.O9.2O25, and thus prayed to pass similar order in the present Writ Petition also.

4. The above rnade submission is not seriously disputed by the other side c 't'

5. Having regard to the above made submissjo-rs at-rd for thc reasons alike in the order dated 03-09.2025 passcC by the Divisior-r Bench rn W.P. No.23138 of 2025. the present \y'rit Pelilion is disposecl of clirecting the respondents to ellsu] (r thErt the entire amount peil'-ablr: to the petitioner be released fc'rth"t'ith ['ithin a period of six (06) r'r'eeks from Loday, failing i';hich, the entire amount with regat-cl to retiral benelits shall car-lf interest at the rate of 10% pcr annum from the date the amour t lel1 due till it is actually paid. Misccllaneous petitlons pending' if an1" in 11 is writ Petilior-r shall stald closed. 'l'here sh:r1l be no order as to r:o;ts. \ To, ,TRUE COPY//

1. The Principal Secretary Finance and planning Dep of Telangana, HYderabad ]JD/-A. JAYASREE IS''ANT REGIS-TRAR- b SECTION OFFICER ent Secretariat. State I I \ ?ti

2. The Principal Secretary, State of Telangana, Directorate of School Education ,Secretariat HYderabad

3. The District Treasury Officer, Yadadri Bhuvangiri District 4. The Sub Treasurer Officer, Choutuppal, Yadadri Bhuvangiri District 5. One CC to SRI B BHAGATH SAIN, Advocate [OPUC] 6'TwoCCstoGPFoRSERVlCESlll,HighCourtforthes;tateofTelangana-

7. Two CCs to GP FOR SERVICES l, High Courtfor the State of Telangana' B. Two CD Copies. BSK BS ng uiLh copl, ol order 0.1.091025 passed ,1u1".1 11'p.No.:13Ii8/20:l'i ) + HIGH COURT DATED:1011012025 CC TODAY ORDER WP.No.30749 of 2025 ff. :iT 1 1 o o Y * !) 1r 0i:; lffi * SFAIC I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ Irt ,)N- (t TIIE TIONOURABLE SRI .IUSTICE P.SAM KOSHY AND Tt{T- HONOURABLE SRI JUSTICE SUDDALA CHAIAPATIII RA.O WRIT PETII'ION No.23138 of 2025 ORDER, (per Hon'ble Sri Ju.ttice P.Sur,l Kosh.t) Ileard Sri V.Raja Shekar Rcddy, lcan-Led counscl for thc petitioner. learned Govcmrnent Plcader for Servioes-ll[, for respondent Nos.l and 5 and Sn Vivek Jain, leamed counsel lor respondcnt Nos-2 to 4.

2. 'lhe plesent Writ Pctition rvhich has been llted for an appropriatc Writ of Mandarnus directing respondent Nos.l, 5 and 6 to cnsure that the entire retiral beuefits payable to the pctitioner be released at the earlicst.

3. The pctitioner hcrcin rvas an ernployee rvorking under thc District Coufi Establisllnent Scction under respondent Nos.2 to 4 retired from service on attairliug thc agc of superannuation with eff'ect liom 3 1.05.2025. The pctitioncr is rctired fiom the post of Chief Administrative Oflicer and ivas posted at the Fan ly-Court-cum-III Additional District and Sessions Judge, Nizamabad at thc timt: of his retirement.

4. The gdevancc of thc pctitroner is that inspite of having got retired frorn three months back, till date, the petitioner has not got single penny torvards his post rctiral benefits. The respondent authorities have for all the dilferent paymcnts ofretiral dues has issued token numbers, but, the actual payment till date has not been released. The petitioner contends that hc is 2 \,. in dire need of the retiral benef'rts, so as to settle dc,,.n in 1if'e after retirement with $ hatever post re tirement ernolurnents tha: rc ras to get.

5. Lcarned Golcrnrlent Pleader fbr Scrviccs-Ill subni:.s rat givcn thc rcasonable period of tir.l.re, thc Ciovcrnrncut shall ensure thirl .1tire pr\ment payable to the petitioner shall be settled.

6. Leamed counsel lor thc pctrtioncr has produced h:,li,le Ll.ris tscnch couple of orders passccl by thc single Bcnoli of this (lorr'l undcr sirnilar' circurnstances, $,here, the wnl llctitions r.vith sirnilar grii'\j'ce $,ere tllcd and disposcd ofdirecting the State author-ities to clear the r.:1. al dues at tl-Lc carliest.

7. An employee or an officcr s,ho oLr rctirement is ol r,. L',vise entitled to get his retiremental benefits immedratcly, iL not ,:rtl, iist wilhin a rcasonablc period of tirne. No offlcer or an emplovee sht,rI be pennitted to retire with a leeiing of uncertainty of s,hen he is goinl r,, get his retirai benefits. We clo not intcnd to further precipitate the matiur rs the leamed Govemmeut Pleader fbr Serviccs-II[ [ras assurcd o,. nsuring tha[ retirement dues payable to the petitioner shall be rclea:;r'ri rt thc earliest within a reasonable period o f t rrnc.

8. In the light of the said assurance, we disposo r,' lhe present r.vnt petition at this juncture dirccting rcspondent No.l ;irs rring that tl.re entire amount payable to the petitioncr be relcased fcrr -hr,,itli r.vithin a period of six (06) weeks from today, failing which, the entiri amount u,ith X,. 3 rogard to retiral bcnefits shall carry intcrest at the rate of 10%o per annum frorn thc date the amount fcll due till it is actually paid' g. Accordingly. the Writ Petition stands allorved' Therc shall be no order as to costs Conscqucntl1', misccllaneous petitions pencling' if any' shall stand I closed

01.09.2025 Spd/nvl P.SAM KOSHY, J SUDD,\I,,\ CT{ALAPATHI RAO, J