Athiya Shahar Banu v. The State Of Telangana
[ 3304 ] HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO:9991 OF 2025 Between:
Athiya Shahar Banu, Wo: Khaja Mumtajuddin, Age 61 years, Occ: Retired Ofiice Subordinate, R/o 13-92, Ramakrishna Talkies, Opp. Police Station, Nagarkumool, Nagarkurnool District ...PETITIONER AND The State of Telangana, Rep. by its Special Chief Secretary to Government, Finance Department, Dr.B.R.Ambedkar. State Secretariat, Hyderabad Telangana 1.
The Director of Local Fund Audit, Telangana, Hyderabad 2.
The Director of Treasuries, Telangana, Hyderabad 3.
The Deputy Director of Treasuries, Nagarkurnool, Nagarkurnool District. 4.
The District Audit Officer, State Audit, Nagarkurnool 5.
..,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 Respondents in No.CEO.ZPINGW 173112024, dated 1210812024 is illegal, arbitrary and discriminatory, violating Article '14, 16 and 300-A of the Constitution of lndia 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 arid encashment of Eamed Leave and Earned Leave amount and other benefits in pursuance of his
-t';i5 ,7 retirement dated 30/06/2024 and the tetter in Lr.No.CEO.ZP1NGW173112O24, daled 1210812024 of the District Audit Officer, State Audit, Nagarkurnool c) the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement a).
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.CEO.ZPINGt</1 73112024, dated 12.08.2024 of the District Audit Officer, State Audit, Nagarkurnool 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 No.1: GP FOR FINANCE Counsel forthe Respondent Nos.2 and 5: GP FOR LOCAL AUDIT Counsel for the Respondent Nos.3 and 4: GP FOR TREASURIES The Court made the following: ORDER
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.9991 oF 2025
ORDER
With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage.
ri 2.
Heard Mr. Srinivasa Rao Madiraju, Iearned counsel for the petitioner, learned Government Pleader for Finance appearing for respondent No.1, learned Government Pleader for Local Audit T l appearing for respondent Nos.2 and 5 and learned Government Pleader for Treasuries appearing for respondent Nos.3 and 4. 3.
Learned counsel for the petitioner submits that the petitioner retired from service on 30.06.2024. Considering the pension proposals, respondent No.5 sanctioned pension to the petitioner vide Letter dated 12.08.2024. However, till now, her 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 12.08.2024, 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.CEOZP/NGK/1731/SP/2024, dated 12.08.2024, issued by respondent No.5, as expeditiously as possible, preferably within a period of ten (10) 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/. P. PADMANABHA REDDY DEPUW REGISTRAR //TRUE COPY// ECTION OFFICER r] To, The S_pecial Chief S-ecretary to Government, Finance Department, Dr.B.R.Ambedkar. State Secretariat, Hyderabad The Staie of Telangana, Telangana The Director of Local Fund Audit, Telanqana. Hvderabad The Director of Treasuries, Telangana, Hyderatiad The Deputy Director of TreasurieS, Nagaikurnool, Naoarkurnool District. The District Audit Officer, State Audit, Nagarkurnool - One CC to Sri Srinivasa Rao Madiraju, Advocate tOpUCl Two CCs to GP for Finance, High Court for the Stdte of Tblangana, at Hyderabad [OUT] Two CC to The GP for Locat Audit, High Court for the State of Telangana, at Hyderabad[OUT] Two CC to The GP for Treasuries, High Court for the State of Telangana, at Hyderabad[OUT] Two CD Copies o I '10 TJ GJP
HIGH COURT CC TODAY DATED:0310412025 r o E STA v q c, 10 [Pfl 2ffi |:I 1^ ':j) .... -+ tl ..
-_ :*_ORDER WP.No.9991 o12025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \9 ry )A