Partly allowed

Vaddepally Satyanarayana v. The State of Telangana

Telangana HC1 Nov 2023WP/30411/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition and civil suit seeking direction to pay retirement benefits (Gratuity, Provident Fund) withheld since 2016. High Court acknowledged eligibility based on service length and prior direction not to recover alleged misappropriated funds, ordering respondents to examine the representation.

What did the court decide?

Directed respondents No. 4 to 6 to consider the petitioner's representation dated 11.04.2023 and pass appropriate orders within three months.

Vaddepally Satyanarayana Vs The State of… — Pension and Retirement Benefits | Telangana HC (2023)

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[^321e I

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE FIRST DAY OF^NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE^{P.MADHAVI DEVI}

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WRIT PETITION NO:30411 OF²⁰²³

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Between:

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Vaddepally Satyanarayana, S/o.Eshwararah,^{Aged about 61 years'} .Caste^; paomishdli, Occ ; Reitired lvlanager of M/s.Koyyalagudem Handloom Weavers Co.Op.Society Ltd.,^(Regd No.TH^{740), Koyyalagudem village,Choutuppal Mandal,} Yadadri Bhuvanagiri District, T.S. 508252

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.....PETITIONER

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AND

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The State of Telangana, Represented^{by its PrincipalSecretary, Cooperation} Department, Secretariat, Hyderabad.

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The District Collector, Yadadri^{BhuvanagiriDistrict District Collectorate} Complex, Rayagiri/Bhongir-5081^{16, Yadadri Bhuvanagiri District, T.S.}

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The Director, Handlooms^{andTextiles,Stateof Telangana, 3rdfloor,} Weavers' Service Centre, Nampally,^{Hyderabad-5000'12.}

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The District Cooperative^{Audit Officer, State of Telangana, Bhongir-s081 16,} Yadadri Bhuvanagiri District,^T.S.

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The Assistant Director,^{Handlooms and Textiles, state of Telangana,District} collectorate complex, Rayagiri/Bhongir-5081^{16, Yadadri BhuvanagiriDistrict,} r.s.

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The Person-ln-Charge, M/s.Koyyalagudem^{HandloomWeavers} Co.Op.Society Ltd., IRegd ruo.TH^{zabl,Koyyal-ag-udem village,Choutuppal} Mandal, Yada'dri Bhuvanagiri^{District,T.S. 508252-}

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The Station House Officer, Police^{Station(Town)' Choutuppal,Yadadri} Bhuvanagiri District, T.S. 508252.

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.....RESPONDENTS

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Petition Under Article 226 of the^{constitutionof lndia praying that in the} circumstances stated in the^{affidavit filed therewith, the High court maybe} pleased to issue a writ, order or direction^{more particularly one in the nature of} writ of Mandamus or any^{other appropriatewrit issue a writ,order or direction}

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more particularly one in the nature of Writ of lr,4andamus or any other appropriate writ ; i) declaring the actron of the respondents in^particular the Sth and 6'h respondents herern rn not paying the retirement benefits such as Gratuity, Provident Fund etc all benefits to the^petitioner herein from the date of petitioners appointment i.e 01-06-1982 to date of petitioner's superannuation on 28-02-2023 as illeqal, arbitrary, unjust, unreasonable, violative of Art.2'l of the Constitution of lndia and conlrary to the Bye Laws of the 6th respondent's society apart from violatrve of Principles of Natural Justice ii) consequently direct respondents 5 anrl 6 to pay the retrrement benefits such as Gratuity, Provident Fund etc all benefits to the petitroner herein from the date of petitioner's appointmenl i.e. 01|OGl1982 to date of^petitioner's superannuation on 28t02t2023.

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l.A.NO:1 OF 2023

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Petition Under Sectron 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct in respondents no.5 and 6 forlhwith consider petitioner's representation dated 1 110412023 for payment of retirement benefits such as Gratuity, Provident Fund etc all bencfits to the petitioner herein from the date of petitioner's appointment i.e 0l i 06/1982 to date of petitioner's superannuation on 28-02-2023.

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Counsel for the Petitioner : SRI GOPINADH BALASA

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Counsel for the Respondent Nos.1, 3 to 5 & 6: GP FOR SERVICES-IV

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Counsel for the Respondent No.2 : G.P FOR REVENUE

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Counsel for the Respondent No.7 : G.P FOR HOME

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The Court made the following ORDER

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it Ii

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THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

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tv.P. No .3041 lof 2023

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ORDE R:

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in this Writ petition, the pe titioner is seeking a direction to the respondents to consider his representation dated 11.O4.2023 for Payment of retirement benefits to him and to pass such other order or orders.

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2' Learned counser for the petitioner submitted that the pedtioner has retired from service on 2g.O2.2O23 and claims that he has not been paid the retirement benefits till date. It is submitted that earlier, there were some charges against the petitioner and there was a proceeding to recover sum oi Rs. 1 , 10,OOO / _ from the petitioner and the petitioner has a-lso made the payment into the societ5r account arrd thereafter, there was a direction not to recover any arnount from the petitioner without conducting any enquiry.

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It is submitted that, since no payment has been made to the petitioner from 01.02.2016 to 2g.02.2023

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and^{no retirementbenefits are being paid to the} dated rePre^sentatlon he^{has fiieda} petitioner, a direction^tothe :rnd IS seeking 1I.o4.2023 respondents^{to consi<ler the same'}

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Learned^{GovernmentPleader for Services-IV is} also^{heard on behall of the respondentsNo' 1' 3 to 5'}

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Having^{regarcl to the fact that ttre petitionerhas} put in^{more than 4I yearso[ sen'ice and has retired on} attaining^{the age of Superannuadonon 2a'O2'2O23'} the^{petitioncr is eligibie for the retirementbenefits} unless^{otherwiseheld to be noteligible bythe} authorities^{ln view of the fact that the petitionerhas} made^{arepresentationdated ll'O4'2O23 and also} claims^{to have paid the amount' which isailegedly} misappropriated^{bythe petitioner into the society} accortnts^{and there is a d'irectionnot to recover arty} amount^{without- conducting any enquiry' this Court} deems^{lt fit and proper to direct the respondents No'4} to 6^{to look into [he representationof the petitioner} and also^{other documenls submitted along with this}

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wnt petition afid to pass appropriate orders thereon, within a period of three (03) months from the date of recerpt of a copy of this order.

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Accordingl.y, this writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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sD/- N. CHANDRA SEKHA* RAO ASSISTANT REGISTRAR //TRUE COPY/I ,, /

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SECTIONbFFICER

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'1. The Principal Secretary, Cooperation Department, Secretariat, State of Telangana at Hyderabad.

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The Diskict Collector, Yadadri Bhuvanagiri District District Collectorate

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_ Qgmplex^{Rayagiri/Bhongir-508116, YadadriBhuvanagiriDistrict, T.S.} 3. The Director, Handlooms and Textiles, State of Telangana, 3rd floor, Weavers' Service Centre, Nampally, Hyderabad-500012.

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The District Cooperative Audit Officer, State of Telangana, Bhongir-SOg.1^.16, Yadadri Bhuvanagiri District, T.S.

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The Assistant Director, Handlooms and Textiles, State of Telangana, District Collectorate Complex, Rayagiri/Bhongir-S081 16, Yadadri Bhuvanagiri District, T.S.

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The Person-ln-Charge, IM/s.Koyyalagudem Handloom Weavers Co.Op Sociely.Ltd , (Regd NoJH 740), Koyyalagudem village, Choutuppal lVlandal, Yadadri Bhuvanagiri District, T.S. SOB2S2.

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The Station House Officer, Police Station (Town), Choutuppal, yadadri Bhuvanagiri District, T.S. 508252.

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Two CCs to GP For Cooperation, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CCs to GP For Services-lV, High Court for the State of Telangana at Hyderabad. [OUT]

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10.Two CCs to GP For Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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'1 1 . One CC to Sri Gopinadh Balasa, Advocate [OPUC]

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Two CD Copies

SA GJP-^ts

HIGH COURT

DATED:01 11112023

ORDER

WP.No.3O411 of 2023

1.4E i]TATE o^
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DISPOSING OF THE W.P

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WITHOUT COSTS.

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Vaddepally Satyanarayana v. The State of Telangana

Case brief

What is this about?

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Vaddepally Satyanarayana v. The State of Telangana

Case brief

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