Malleka Masrath v. The State of Telangana

Petition under Article 226 ol 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 especially one in the nature of Writ of Mandamus declaring that, a) the action of the Respondents in not making payment of encashment of leave amount payable to the Petitioner of Rs.'1 3,72,319/- which was passed vide Token No./Cheque No.35387528, dated 10.10 2022 is illegal and arbitrary b) the Respondents shall forthwith release the encashment of leave amount of Rs.13,72,3'191 which was passed vide Token No./Cheque No.35387528, dated 1O.1O.2022, to the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to direct the Respondents; to forthwith make payment of Rs.13,72,319/- which was passed vide Token lrlo./Cheque No.35387528, dated 10.1O.2022, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJU Counsel for the Respondents: GP FOR SERVICES-||l The Court made the following: ORDER I I I THE HON'BLE SRI JUSTICE PULLA KARTHIK IVRIT PETITION No.32823 OF 2025 ORDER: Aggrieved by the inaction of the respondents in releasing the retiral benehts of the petitioner, the present Writ Petition is hled.

2. Heard Sri Srinivasa Rao Madiraju, learned counsel for the petitioner and learned Government Pleader for Services-lli for the respondents. With their consent, this Writ Petition is taken up for disposal at admission stage. \

3. Learned counsel for the petitioner submits that the lis raised in the present Writ Petition has already been adjudicated by the Division Bench of this Court in W.P.No.2313B of 2025, rvhich was disposed of uide order dated O3.O9.2O25, and thus it is prayed to pass a similar order in the present Writ Petition also.

4. The above made submissions are not seriously disputed by the learned Government Pleader. I 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 c Bench of this c.urt in w.p.No.23 13g of 2o2s, the writ petition is disposed of directing the respondents to ensllre that the entire amount payable to the petitioner be released, as expeditiously as possible, preferably within a period of six (06) weeks from today, failing which, the entire amount with regard to the retirar benefits shall carrv interest arthe rate of lOV" per annum, from the date the amounr fell due tiil lhe actual date of its payment. / Miscellaneou:s petitions pending, if any, in this Writ petition shall stand closed. There shall be no order as to costs. //TRUE COPY// Sd/.i/I.NAGAMANI ASSISTI\NT REGISTRAR G SI:CTION OFFICER To, \ '1 . The Principal Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad, State of Telangana.

2. The Commissionerr of Panchayath Raj and Rural Development, Telangana, Hyderabad.

3. The Principal Accountant General (A & E), Telangana, Hyderabad. 4- The Deputy Directcr of Treasuries, Nizamabad, Nizamabad District. 5. The Director of Treasuries and Accounts, Telangana, Hyderabad. 6. One CC to SRI SFIINIVASA RAO MADIRAJU, Advocate [OPUC] 7. One CC to SRI M.IVIURALI KRISHNA, SC FOR AG [OPUC] 8. Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies (Along with a copy of orde,r dated 03.09.2025 passed in WP No.23'11)8/2025) BSR PT,4K v ...' :1 CC TODAY HIGH COURT DATED:30,'1012025 ORDER I WP.No.328l23 of 2025 fft'q.\ '17 ! [ 7 ',J[\l ?$6 ;l i:l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ %r I t, I I THE HONOURABLE SRI .IUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHAIAPATHI RAO lVRIT PETITION No.23138 of 2025 ORDER: (per Hon'ble Sri Justice P.Sam Koshy) Heard Sri V.Raja Shekar Reddy, leamed counsel for the pctitioner, leamed Covernment Pleader for Serviccs-ll[, for respondent Nos.l and 5 and Sri Vivek Jain, learned counsel for respondent Nos.2 to 4.

2. The present Writ Petition which has been filed for an appropriate Writ of Mandamus directing respondent Nos.l, 5 and 6 to cnsure that the cntire retiral benefits payable to thc petitioner be released at the earliest. i. The petitioner herein was an employee working under the District Court Establishment Section under respondent Nos.2 to 4 rctired lrom service on attaining the age of superannuation with effect from 31.05.2025. The petitioner is retired from the post of Chief Administrative Officcr and was posted at the Family-Court-cum-lll Additional District and Scssions Judge, Nizamabad at the time of his retircment.

4. The grievance of the petitioner is that ihspite of having got retired lrom three months back, till date, the petitioner has not got single pcnny towards his post retiral benefits. The respondent authorities have for all the diflerent 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 in dire need of the retiral benefits, so as to settle down in life after retirement rvith whatever post retirement emoluments that he has to get.

5. Learned Government Pleader for Services-Ill submits that given the reasonable period of time, the Government shall ensure that entire payment payable to the petitioner shall be seftled.

6. Learned counsel for the petitioner has produced before this Bench couple of crders passed by the single Bench of this Court under similar circumstances. rvhere, the writ petitions with similar grielance were filed and disposed of dirccting the State authorities to clear the retiral ducs at the eariiest.

7. An :mployee or an officer who on retirement is otherwise entitled to get his retiremental benefits immediately, if, not atleast within a reasonabte period of time. No officer or an employee should be permitted to retirc "vilh a feeling of uncertainty of when he is going to get his retiral benefits. \\'e do not intend to further precipitate the matter as the learned Govemnrent Plcader lor Services-Ill has assured of ensuring that retiremcnt rlues payable to the petitioner shitt be released at the earliest u,ithin a rea;onable period of time.

8. ln the light of the said assurance, we dispose of the present u'rit petition at this juncture directing respondent No.l ensuring that the entiic amount payable to the petitioner be released forthwith within a period ol si:t (06) rveeks from today, failing which, the entire amount with 3 regard to retiral benefits shall carry interest at the rate of l07o per annum from the date the amount fell due till it is actually paid.

9. Accordingly, the Writ Petition stands allowed. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

03.09.202.5 Spd. nvl P.SAM KOSHY, J SUDDAL:\ CHALAP.\THI RAO, .]