B.Mallaiah v. The State Of Telangana

[ 3304 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENry NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 13306 OF 2025 Between:

B.Mallaiah, S/o. Muthaiah, Age.6'l years, Occ. Retired Principal, R/o. Behind Saibaba Temple, Dindi, Gundlapally, Dindi Project (Post), Nalgonda District. ...PETITIONER AND

1. The State of Telangana, Rep. by its Special Chief Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad

2. The Regional Deputy Director (APP), Warangal, Warangal District.

3. The Principal Accountant General (A and E), Telangana, Hyderabad.

4. The Deputy Director of Treasuries, Nizamabad, Nizamabad District. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Courl may be pleased to issue a writ order or direction especially one in the nature of Writ of lVlandamus declaring that a) the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letteri proceedings issued by the 3rd Respondent in Lr.No.AG(A and E)/P15/l|/M-6251SP71712024-1113278 dated 11.12.2024 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 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 .10.2024 and the proceedings in Lr. No.AG(A and E)l P 1 5llllM-62515P7 1 7 12024-1 1 1327 I dated 1 1.12.2024 of the 3rd Respondent and Petitioner was also entitled for Encashment of Leave and HPL amount of Rs.19,98,947l- which was sanctioned on 02.12.

'7 no.2523308539. Petitioner is also entitled for GPF final payment amount of Rs.8,34,9261 which was sanctioned on 24.1O.2O24 vide token no.2523308870. 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 and E)lPlSllllM-62515P717120241113278 dated 1 1.12.2024 of the 3rd Respondent including payment of General Provident Fund amount and encashment of Leave/HPL and Earned Leave amount and other benefits, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M.VASUDEVA RAO Counsel forthe Respondent Nos.1 & 4: GP FOR FINANCE PLANNING Counsel forthe Respondent No.2: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3: SRI K.BALA KRISHNA, SC FOR AG The Court made the following: ORDER

lffi -1.*,:i '7 "r / THE HON'BLE SRI JUSTICE NAMAVARAPU RA'ESHWAR RAO WRIT PETTTION o-13305 0F 2(J2c

ORDER

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

2.

Heard Mr. M.Vasudevarao, learned counsel for the petitioner, learned Government Pleader for Finance for respondent Nos.1 & 4, learned Government Pleader for School Education for respondent \ \ No.2 and Mr. K.Bala Krishna, learned Standing Counsel .for the Principal Accountant General (A&E), for respondent No.3. 3.

Learned counsel for the petitioner submits that the petitioner retired from service on 31.7O.2024. Considering the pension proposals, respondent No.3 sanctioned pension to the petitioner v,de Letter dated 11.12.2024. 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 11.12.2024, 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)/P75/tt/M-625/SP7t7/2024-tL/3278 dated 7t.12.2024, issued by respondent No.3, 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/-MOHD. ISMAIL DEPUTY REGISTRAR ,l //TRUE COPY// SECTI6N OFFICER To The_ Slecial Chief Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabid, State of Telangana The Regional Deputy Director (APP), Warangal, Warangal District. The Principal Accountant General (A and E), Telangana-, Hyderabad. The Deputy Director of Treasuries, Nizamabad, Nizamabad- District. One CC to SRI M.VASUDEVA RAO. Advocate tOPUCt Two CCs to GP FOR FINANCE PLANN|NG, Hign Couit for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR SCHOOL EDUCATION, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI K.BALA KRISHNA, SC FOR AG [OPUC] Two CD Copies 2.

J.

4.

b.

7.

BI PSK.

GJP

/ a CC TODAY HIGH COURT DATED:2910412025 zl' :.-)' " !4 ,:, .S'

)a -\ \'

l s

ORDER

WP.No.13306 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t5 4/ ,/5 /r Z