The High Court · 2025
Case Details
Acts & Sections
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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.l to 4 in not releasing admitted retirement Benefits such as Pending Final payment of Gratuity (CAP Share) Bill Amount 10,14,7181- STO Token No.2601123158 dated 22-08- 2025, and Gratuity (TG Share ) Bill Amount 5,85,2821- STO Token No.260'1 123164 daled 22-08-2025, and Commutation (CAP Share) Bill Amount 9,70,919/- STO Token No.2601123172 dated 22-08-2025, Commutation (TG Share) Bill Amount 5,60,018/-STO Token No.2601123181 daled 22-08-2025, and Final ELs and Half Pay Leave Encashment Bill Amount 6,89,703/-STO Token No.2601148664 dated 19-08-2025,and E.Leave Bill Amcurt 4,04,8.16/- STO Token No.2601148634 dated 19-08-2025,and PRC 12 t\ onths Arrears Bill Amount 2,26,8001- STO Token No date 06-09-2025,an.1 3rd respondent department issued PPP lD No.04001747 and PPO.No.63-01 1S3/Sp, dated 30- 06-2025,even after finalizing the bills and having genr:r rted rn lntegrated Financial Management and lnformation System (lFMlS), irspite of repeated requests as illegal, arbitrary, unreasonable and violative of A r icles j4,16, and 21 of the constitution of lndia and consequently direct the rer;p ondents No.1 to 4 herein to release and pay the admitted retirement Benefits sur h as pending Final payment of Gratuity (CAP Share) Bitt Amount 10,14,, 181- STO Token No.2601 123158 daled 22-08-2025, and Gratuity (TG Srr re ) Bilt Amount 5,85,2821- STO Token No.2601 123164 dated 22-08-2025 and Commutation (CAP Share) Bill Amount 9,70,919/- STO Token No.2601j2)172 dated 22-08- 2025, Commutation (TG Share) Bitt Amount 5,61l jBI-STO Token No.260112318'1 daled 22-08-2025, and Finat ELs anct Half pay Leave Encashment Bill Amount 6,89,703/-STO Token No.2601i2.t664 clated 19-08- 2025,and E Leave Bill Amount 4,04,8161- STO Token No.26l 148634 dated 19- 08-2025,and PRC 12 [Vlonths Arrears Bitt Amount 2,26,BOOI- S fO Token No date 06-09- 2025,and along with interest @'lSpercent per annum. |.A.NO:1 OF 2025 Petition Under Section 15'l CPC praying that in the circu nstanr:es stated in the affidavit filed in support of the petition, the High Court n ay be pleased to direct the respondents No.'1 to 4 to release and pay the a lmitted retirement Benefits such as Pending Final payment of Gratuity (CAp S rare) Bill Amount 10,14,7181- STO Token No.2601 123158 dated 22-08-2025 and Gratuity (TG Share ) Bill Amount 5,85.2821- STO Token No.2601 123164 t ated 22-O8-2O2i, and Commutation (CAP Share) Bill Amount 9,70,911 /- STO Token No.260'1 123172 dated 22 -08-2025, Commutation (TG Shrre) Bilt Amount 5,60,018/-STO Token No.2601123181 dated 22-OB-2025, and t inal ELs and Hatf Pay Leave Encashment Bill Amount 6,89,703/-STO Token No I60.1 .148664 dated 'l 9-08-2025,and E.Leave Bill Amount 4,04,8161- STO Tokr;r No.1160.1 148634 dated '19-08-2025,and PRC 12 l\rlonths Arrears Bitt Amount 2.26 SOOI- STO Token No date 06-09- 2025,and along with interest @1go/" per annum pending disposal of the above writ petition. Counsel for the Petitioner : SRt RAMU NALLAMOTHU Counsel for the Respondents : Gp FOR SERVICES-||| The Court at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE PULLA II\RTHIK WRIT PETITION No.33OO1 OF 2025 ORDER: This Writ Petition is hled aggrieved by the inaction of the respondents in releasing retiral benehts to the petit Loner
2. Heard Sri N.Ramu, learned counsel for thr petitioner and learned Government Pleader for Services-lll for t te respondents. With their consent, this Writ Petition is taken up 1b - disposal at the admission stage itself.
3. When the matter is taken up for hearing, lea'ned counsel for the petitioner submit that the lis raised in the pres :nt Writ Petition t I has already been adjudicated by the Division Be-r:h of this Court in W.P.No.23138 of 2025, which was disposed of ,ide order dated O3.O9.2O25, and thus prayed to pass similar orde' in the present Writ Petition also.
4. The above made submission is not seriouslr/ Cispu.ted by the other side. 2 ..i
5. Having regard to the above made submissions and for the reasons alike in the order dated 03.09.2025 passed by the Division Bench in W.P.No.2313B of 2025, this Writ Petition is disposed of directing the respondents to ensure that the entire amount payable to the petitioner be released forthwith within a period of six (06) weeks from today, failing which, the entire amount with regard to retiral benefrts shall carry interest at the rate of lOok pet annum from the date the amount fell due till it is actually paid. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. There shall be no order as to costs. \ //TRUE COPY/I Sd/-M.NAGAMANI ASSISTANT RE^GISTRAR (? SECTION OFFICER "i"nb"'n''" Hvderabad. Dr.B. R.Ambedk"' s""iietiti't' State of T6lanqana at Hyderabad' ,. an" Principal Secretary to Government' Finance Deoartment' 2. rhe Directo, ot r .."u'i'i33';;';;;;;;G: lnsurance Buildins' Abids' 3. Tf,;"D;fi;i Treasury officer Nirmal' Nirmal District' i iij6 sr6-iteasury dfficer Nirmal' Nirmal District' 5. Two ccs to Gp FoFi'$hiii;d-irr, uigi.corrt for the state of Telangana at 6. 6l';"#i; dnr-nnr"lu NALLAMoTHU' Advocate toPUCl 7. Two CD CoPies Hvderabad [OUT] (Along with a copy of order dated 03 09 2025 passed in WP No 23138/2025) SA PMK N HIGH COURT DATED:31 11012025 C.C. TODAY ., '-.:?-. J' ,1,..' ,,,-.< i:' _1\ ;r I ,l\,r' "!; ,:.- \ q h 'i[\ ?[6 . ..1:.:1 ., . .:' \l <;: il .':: il .. - ./.' -<, ..i )'.'.. ),/ .r - , <\.:- -_:. - =::-- \n"r'r''' ORDER WP.No.33001 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. \\ THE HONOURABLE SRI JUSTICE P.SAM KOSTry AND THE HONOTJRABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.23138 of 2025 ORDER, 1'2er 11o n'ble Sri Justce P Sttt Kosh.t) Heard Sri V.Raja Shekar Reddy, leamed counsel lor the petitioner, leamed Govemment Pleader for Serviccs-llI, fbr respondent Nos.l and 5 and Sri Vivek Jain, learned counscl for respondent Nos.2 to 4.
2. The present Wnt Petition which has been filed for an appropriate Wnt ol Mandamus directing respondcnt Nos.l.5 and 6 to ensure that the entire retiral benefits payablc to thc petitioner bc released at the earliest.
3. The petitioner hcrein was an employee lvorking under the District Court Establishment Section under respondent Nos.2 to 4 retired from service on attaining the age of superannuation u'ith eflect lrom 3 L05-2025. The petitioner is retired from the post of Chief Administrative Officer and was posted at the Family-Court-cum-[[ [ Additional District and Sessions Judge, Nizamabad at thc timc of his rctirentent.
4. The grievance of the petitioner is that inspite ofhaving got retired from three months back, till date. the petitioncr has not got single penny towards his post retiral benefits. The respondent authoritics have for all the different payments of retiral dues has issued token numbers. but, the actual payment till date has not been released. The petitioner contends that he is 2 !--\ ---1 in dire need of thc retiral benefits, so as to settlc di,r rr in li[e aller retirement wlth whatever post retirement emoluments that Ir I has k) get.
5. [.earncd Government Pleader for Services-Ill subnri : that Lriven the reasonable period oItime, the Government shall ensurc rhe entlre paymcnt payablc to the pctitioner shall be settled. 6- l-earncd counsel for the petitioner has produced lrr- Lrre th s Bench couple of orders passed by the single Bench oIthis (ou i under sirnilar circumstanccs, r.vhere, the writ petitions with similar gri, r rnce u cre tiled and disposed ol'directing the State authorities to clear thc rr lrral ducs at the carliest.
7. An entplovec or an of ficer who on retirement is ,rt re nr rsr. cntitlcd to get his rctlremental benefits immediately, if. not ir lcast ,r ithin a reasonablc pcriod oI time. No officer or an emplol.ee sh,)r d bc pcrmittcd to retire with a feeling of uncertainfy of when he is goinu ,r get lLis retiral bcnefits. Wc do not intend to further precipitate the malr( as thc Iearncd Govemrnent Pleadcr lor Services-llI has assured ()l ensunnq that retirement ducs payable to the petitioner shall be releese- I at thc earlicst within a rcas()nable period of time.
8. ln the light of the said assurance, we dispos: ,rf lhc present writ petitirrn et this juncture directing respondent No. I r- rsurine that the entirc amount payable to the petitioner be released li,r,rrvith s.rthin a period of six (06) rveeks from today, failing which, the c ri r.c amount u ith rcgard to rctiral bcnefits shall carry interest at thc rate of l07u per annum from the date the amount fell due till it is achrally paid. 9- Accordingty, the Writ Petition stands allowed. There sha[[ be no ordcr as to costs. Consequently, miscellaneous pctitions pending, if any. shall stand closed.
03.09.2025 Spd/nvl P.SAM KOSIIY, J SUDDALA CHALAPATTII RAO, J