G.Gopal v. The State Of Telangana

[ 3304 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 2724 OF 2025 Between:

G. Gopal, S/o. G.Ramulu, Age . 61 years, Occ. Retired as School Assistant, R:/o.H.No.1 -1, Wadwat Village, Maganoor Mandal, Narayanapet District. ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad The Commissioner of School Education, Telangana, Hyderabad The Principal Accountant General, (A & E), Telangana, Hyderabad The Director of Treasuries and Accounts, Telangana, Hyderabad The Deputy Director of Treasuries, Narayanapet, Narayanapet District. The Chief Executive Otficer, Zilla Parishad, Narayanapet, Narayanapet District.

b ..,RESPONDENTS 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 especially one in the nature of Writ of Mandamus declaring that a) the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letter/ proceedings issued by the 3rd Respondent in Lr.No.AG (A & EyP19/llllc-5115P1541202403/B dated 01 .O4.2024 is illegal, arbitrary and discriminatory, violating Article 14, '16 and 300-A of the Constitution of lndia.

b) further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Death-cum-Retirement, Gratuity, Commutation of Pension, General Provident Fund amount and encashment of Earned Leave and Earned Leave amount and other benefits in pursuance of his retirement dated 31 .O7.2024 and the proceedings in Lr.No.AG(A and EyP19/lll/G-51 15P15412024-03/8 dated 01 .04.2024 of the 3rd Respondent. c) the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement.

--7 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith release all the terminal benefits payable to the Petitioner in pursuance of the Lr.No.AG (A & EyPlgillllc-51 15P1541202403i8, dated 01 .O4.2O24 of the 3rd Respondent including payment of General Provident Fund amount and encashment of Earned Leave and Earned Leave amount, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJU Counsel forthe Respondent No.1,4 & 5: GP FOR FINANCE Counsel for the Respondent No.2: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3: SRI K. BALAKRISHNA, SC FOR ACCOUNTANT GENERAL Counsel for the Respondent No.6: SRI R. CHANDRASEKHAR REDDY, SC FOR ZPP The Court made the following: ORDER

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.2724 OF 2025

ORDER

With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage.

2.

Heard Mr.Srinivasa Rao Madiraju, learned counsel for the petitioner, learned Government Pleader for Finance Department for respondent Nos.1, 4 and 5, learned Government Pleader for School Education for respondent No.2. Mr. K. Bala Krishna, learned Standing Counsel for Accountant General, for respondent No.3 and Mr.R.Chandrasekhar Reddy, learned Standing Counsel for Zilla II Parishad, for respondent No.6.

3.

Learned counsel for the petitioner submits that the petitioner retired from service on 31.07.2024. Considering the pension proposals, respondent No.3 sanctioned pension to the petitioner I vide Letter dated 01.04.2024. However, till now, his retirement benefits were not released by the respondents. 4.

Learned Government Pleader submits that due to dearth of funds, the amounts could not be released to the petitioner, on time. However, in pursuance of Letter, dated 01.04.2024, amounts will be released to the beneficiaries.

5.

Having regard to the above made submissions, this Writ petition is disposed of directing the respondents to release retirement beneFits to the petitioner in pursuance of Letter No.AG(A&E)/P19/IIr/c-st/SPI'4/2O24-03/8, dated 07.04.2024, issued by respondent No.3, as expeditiously as possible, preferably within a period of eight (B) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

I Miscellaneous petitions pending, if any, shall stand closed. //rRUE copy, ^rr,*lilyREB,lJHi,_. / To, o 11.

12.

b GJP

HIGH COURT DATED:31 10112025 'iF.."'

1tig STAr (

ORDER

q J () it ?[25 WP.No.2724 of 2025 i .// DISPOSING OF THE WRIT PETITION WITHOUT COSTS /i6T44"w