Md. Shakeel Ur Rahman v. The State Of Telangana
[ 3304 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUST]CE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO:4063 OF 2025 Between:
Md. Shakeel Ur Rahman, S/o Abdul Raheem, Age - 61 years, Occ - Retired Senior Techhical Assistant, R/o H.No.17-9-138, -Flat No.102, Opposite M.N. Function Hall, Kurmaguda, Saidabad, Hyderabad ...PET!T|ONER AND '1 . The State of Telangana, Rep. by its Principal Secretary to Governrient, Finance Department, Dr. B.R.Ambedkar Telangana State Secretariat, Hyderabad
2. The Principal Accountant General (A & E), Telangana, Hyderabad
3. The Pay and Accounts Officer, Hyderabad
4. The Joint Director, Pension Payment office, Nampally, Hyderabad.
5. The Assistant Pension Payment Officer, Malakpet, Hyderabad ES'ONDENTS 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 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 & EyPl4llllM-26215P31612O24-0611340, dated 16.O7.2024 is illegal, arbitrary and discriminatory, violating Article 14, 16 and 300A of the Constitution of lndia.
b) further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Deathcum-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 31.08.2024 and the proceedings in Lr.No.AG(A & E)lPl4llllM-26215P3'1612024-OG11340, dated '16.07.2024 ot the 3rd Respondent. c) the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement.
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 & E)lPl4llllu-2621sP3161202406/1340, dated 16.07 2024 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 for the Respondent Nos.'|,3 TO 5: GP FOR SERVICES lll Counset for the Respondent No.2: SRI K.BALA KRISHNA' SC FOR AG The Court made the following: ORDER
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT P TION No.4063 oF 2(J25
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 Services-Ill for respondent Nos.1,3 to 5 and Mr. K. Bala Krishna, learned Standing Counsel for the Principal Accountant General (A&E), for respondent t No.2.
3.
Learned counsel for the petitioner submits that the petitioner retired from service on 31.08.2024. Considering the pension proposals, respondent No.3 sanctioned pension to the petitioner vide Letter dated 16.07.2024. 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 16.07.2024, 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)/P74/II/M-262/Sp3t6/2024-06/L340, dated t6.07.2024, 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.
Miscellaneous petitions pending, if any, shall stand closed. SD/- A. SREENIVASA REDDY ASS NT REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad, State of Telangana.
The Principal Accountant General (A and E), Telangana, Hyderabad The Pay and Accounts Officer, Hyderabad The Joint Director, Pension Payment office, Nampally, Hyderabad. The Assistant Pension Payment Officer, Malakpet, Hyderabad One CC to SRI SRINIVASA RAO MADIRAJU, Advocate [OPUC] Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana, at Hyderabad. [OUTI One CC to SRI K,BALA KRISHNA, SC FOR AG [OPUC] Two CD Copies 8I PSK.
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, HIGH COURT DATED:1 310212025 ( <rA 16E STa r € ( t) o
ORDER
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> WP.No.4063 of 2025 r,^- t )65-,.
r,.El DISPOSING OF THE WRIT PETITION WITHOUT COSTS -ti4 Q9,W