S. Raja Rao v. The Commissioner Of Police

HIGH COURT FOR THE STATE OF TELANGANA (Special Original J urisdiction) WEDNESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 5152 OF 2019 Between:

S. Raja Rao, S/o. Late Jakkaiah, age 63 years, Occ: Head Constable No.24B3 (Retired), Rl/o.H. No. 3-1 1 2lcl9 17, Boduppal, Hyderabad. ...PETITIONER AND The Commissioner of Police, Hyderabad City, State of Telangana, Basheerbagh, Hyderabad.

The Superintendent of Police, Nalgonda, Nalgonda District. The Accountant General, State of Telangana, Saifabad, Hyderabad. State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad.

RESPONDENTS Petition under A(icle 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 more particularly one in the nature of Writ of Mandamus by declaring the entire action of the respondents, particularly the entire actio; of the 3'd respondent in not releasing the Gratuity amount to the petitioner, even though he retired from service as on 30.1 1.2014. inspite of necessary proposals submitted by the 2nd respondent vide his letter C.No. 6332tPOl2O14 dt.24.10.

2014, requesting the 3'd respondent to release the gratuity amount of the petitioner is as highly illegal, arbitrary, unjust, improper, colorable exercise of power, vindictive attitude and violative of Article 14 and 300-A of Constitution of lndia and consequently direct the respondents to forthwith release and to pay the gratuity amount of the petitioner with interest @ 24o/o per annum from the date of retirement till actual payment is made to the petitioner lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents to forthwith to pay the gratuity amount of the petitioner. Counsel forthe Petitioner: SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent Nos.

1,2&4: GP FOR HOME Counsel for the Respondent No.3: SRI B.

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.5152 of 2019 ORDERT This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to issue a writ of Mandamus declaring the action of the respondents, particularly the 3'd respondent, in not releasing the Gratuity amount to the petitioner, even though the petitioner has retired from service on 30.11.2014 and in spite oF necessary proposals submitted by the 2nd respondent vide letter C.No.6332/P6 /2014, dated 24.10.2014, requesting the 3'd respondent to release the gratuity amount of the petitioner, as arbitrary and illegal, and consequently, direct the respondents to forthwith release the gratuity amount of the petitioner with interest @24o/o per annum from the date of retirement till the date of actual payment made to the petitioner. 2.

Heard Sri S.Satyanarayana Rao, learned counsel for the petitioner and Sri B.Narsimha Sarma, learned Standing Counsel for 3'd respondent.

3. It has been contended by the petitioner that the petitioner was initially appointed as a Police Constable on 22.08.1978. Subsequently, he was promoted as a Head Constable in the year 2Ol4 and ultimately he retired from service on attaining the age of superannuation on 30.11.2014. He contended that after retirement, the petitioner was paid all the pensionary beneFits, except the gratuity amount on the ground that the petitioner has not paid the GPF subscription, and accordingly, the 3'd

l respondent has denied for payment of gratuity amount to the petitioner. He further contended that the 2nd respondent vide letter, dated 24.10.2014, has informed the 3'd respondent that the GPF subscription, payable by the petitioner, was recovered from the salary of the petitioner and hence, recommended to the 3'd respondent that the gratuity amount, to which the petitioner is entitled, may be released in favour of the petitioner. In spite of the same, the 3'd respondent has not passed any orders on the said recommendations so far. Therefore, learned counsel for the petitioner contended that appropriate orders may be passed directing the 3'd respondent to pass appropriate orders on the recommendations made by the 2nd respondent for release of gratuity amount to the petitioner, within a reasonable period of ' time.

4.

Learned Standing Counsel appearing for the 3'd respondent would submit that since the 2nd respondent has recommended the 3'd respondent for release of GPF amount in favour of the petitioner vide letter, dated 24.10.2014, the 3'd respondent would consider the same and pass appropriate orders in accorda nce with law.

5.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this Writ Petition can be disposed of directing the 3'd respondent to consider the recommendations made by the 2nd respondent vide letter, dated 24.10.2014, for release of gratuity amount, to which the petitioner is entitled to,

J in favour of the petitioner, and pass appropriate orders, in accordance with law, as early as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order.

6.

With the above observation, this Writ Petition is disposed of.

Miscellaneous petitions, if any, pending shall stand closed. No costs.

SD/.I.NAGALAKSHMI ASSISTANT RFGISTRAR v;

SECTION OFFICER To,

1. The Commissioner of Police, Hyderabad City, State of Telangana, Basheerbagh, Hyderabad.

2. The Superintendent of Police, Nalgonda, Nalgonda District.

3. The Accountant General, State ofTelangana, Saifabad, Hyderabad. //TRUE COPY// 4.aThe Principal Secretary, Home Department, State of Telangana, Secretariat Buildings, Hyderabad.

5. One CC to Sri. Santhapur Satyanarayana Rao, Advocate IOPUC]

6. One C.C. to Sri. B. Narsimha Sarma, Advocate IOPUC]

7. Two CCs to GP for Home, High Cou( for the State of Telangana. [OUT]

8. Two CD Copies Prk 'x\'Jr

HIGH COURT DATEDt04l11l2020 I4 ,G S e It -{ q\ .).(r a oo

ORDER

WP. No. 5152 of 2019 12 ir0v 2020 PrlT I o r a c * Disposing of the WP.

without costs.

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