V.Venkateshwarlu. S/o Late Narayana Swamy v. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 ot 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 dlrection especially one in the nature of writ of [/landamus declaring that a) the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letter/ proceedings issuedbythePrincipalACCoUntantGeneral(AandE),HyderabadinLr.No.AG(A and E) / P17t lvtv-736l sP950/ 2025-02 / 4043 dated 24.03.2025 is illegal, arbitrary and discriminatory, violating Article '1 4, 16 and 300-4 of the constitution of lndia b)further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including [)€)a th-(:um-Retirement, Gratuity, Commutation of Pension, General Provider-,t Fund amount and encashrnent of E:rrned Leave and Earned Leave anroLrni and other benefits in pursuance ot his i'etirement da[ed 30.O4.2025 and .he proceedings in Lr.No AG(A and E)lP17llVlV-736/SP950/2O2S-A2I4O43 dattct 22..03.2025 of the Principal Accountant General (A and E), Hyderabar, anrj release Final Encashnrent of Earned Leaves for an amount of Rs. i 2,50,()43/- which was sanctioned vide Token No 2600283154 dated 09.05 .2 )25. lipF amount of Rs.23,27,1211 wlrich was sanctioned vide Token \o 26C)0782231 dated 14.C7.2025, GIS amcunt of Rs.97,410/-sanctioned vide loken No.2600283124 dated 09 05.2025, PRC Arrears 12 bills and different token nurrrbers amount of Rs.3 84,104/- dated 09.05.2025, D A. / E L difference 3mount Rs.34,567/- sanctioned vide Token No 2600924530 dated 31 .O7 21.25. tr.A. Arrears (5 lnstallments) amount of Rs.26,428/-sanctioned. c)the Resp:ndents have no right or po\ver to wrthhold the terminal beneFits payable to lr e pet tioner after his retirement. d)and pass lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the c rcurnstances stated in the affidavit filed in support of the petition, the Higlr coL rl mav be pleased to direct the Respondents to forthwith release all the termin..,l benr>fits payable to the Petitioner in pursuance of the Lr.No.AG(A&E)/p.l 7, l',,/V-7 3 6/5p950/202 5- O2i1A43 dated 24.03.2025 of the Principal Account:rnt General (A&E), Hyderabad including release Final Encashment of Earned L.eaves for an amount of Rs.12.50.943/- which was sanctioned vrde Token Nr 2600283154 dated 09.05-2025, GPF amount of Rs.23,27,121l- which was san:tiorred vide Token No 2600782231 dated 14.O7.2025, GIS amount of Rs 97..: 1O/- sanctioned vide Token No 2600283124 dated 09.05 2025, pRC Arrears -i 2 biils and different token numbers amount of Rs.3,84,104/- dated 09.05.2025, D.A. / E.L. difference amount Rs.34,5671 sanctioned vide Token No.2600924530 datr>d 31 .o7.202s, D.A. Arrears (5 lnstallments) amount of Rs.26,42gl- sanctioned., pending disposal of the Writ Petition. - Counsol for the Petitioner: SRI GADDAM JALPATH REDDY SRI VENKAT REDDY Counsel for tha Flaspondont Nos.1 to 3, 5 and 6: GP FOR SERVICES lll Counsel for the Respondent No.4: SRI M. MURALI KRISHNA, SC FOR ACCOUNTANT GENERAL The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA ILIRT.HIK WRIT PETITION No.36163 OF 20,25 ORDER: This Writ Petition is filed aggrieved by tf e inaction of the respondents in releasing retiral benefrts to the peritione.r
2. Heiird Sri G. Jalpath Reddv Svr, learner I cotrnscl lor the petitioner, Ieztrned Government Pleader for Sen r<:es III appcanng for respondent Nos. 1 to 3, 5 and 6 and Sri Iv{. Murali Krishna, learncd Standing Counsel for Accountant Gene ra1 appearing for respondent No.4. With their consent, this Writ Pr't.tion is taken up for clisposal at the admission stage itself
3. When the matter is taken up for hearing, Icarnecl counsel for the petitioner submit that the lis raised in the prcsent Writ Petition has already been adjudicated b1, the Division Bench c,f this Court in W.P.No.23138 of 2025, which was disposed o,' uide order dated O3.O9.2025, and thus prayed to pass similar orcler in the present Writ Petition also l I .) 4 The above made submission is not seriously disputed by the other side. 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.231 38 of 2025, the present 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 srx (06) weeks from today' failing q'hich' the entire amount with regard to retirai benehts shall carry interest at the rate of 10%o per 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' SD/. S.MALLIKARJUNA RAO ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY// i i I ! To, 1 I
1. The Principat Secretary to Government' Finance.Department' oilg. n.A"iutot<arrera ngini State Secretariat' The state of Telangana' Hyderabad. -D;
2. The Special Secretary to Government The-State of Telangana' Finance ' D.ei;,i;;;i. 3. R a;b"; [u J"ling"n' state Secretariat' Hvderabad 3. The Director of Treasuries and Accounts' Telangana' Hyderabad 4.ThePrincipalAccountantGeneral(AandE),,Telangana,Hyderabad. 5. The Deputy Director of Treasuries, Nagarkurnool' Nagarkurnool District 6. The Sub Treasury Officer, Kollapur, Nagarkurnool District' 7. One CC to Sri Gaddam Jalpath Reddy Sri Venkat Reddy' Advocate [OPUC] '7 I I I B Two CCs to GP for Senvices lll' High Court for the Sl;"r' of le lanq'rna at Hyderabad [Ot)T] One CC to Sri lVl N4urali Krishna SC for Accountant C'cnera'[OPUC] 9 1O Two CD CoPies TJ IKS HIGH COURT CC TODAY DATED:2711112025 ORDER WP.No.36163 of 2025 'iHE SI4 'r,6 ( (, ) , DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 ( rrEt Z0Z5 X .}.'/ ...\. ,t ,A-.!/ t .: fl: l;-r..-ra. ;., :.' 2'/ . r. -r -_:.._,+ _. . t t I