Writ petition challenging the inaction of cooperative society officials in releasing retirement benefits. The Supreme Bench ordered the society to process and pay terminal benefits within three months.
Writ petition allowed; respondent societies directed to process and pay terminal benefits within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT 'FOR THE STATEOF TELANGANA ATHYDERABAD (SPecial OriginalJurisdiction)
WEDNESDAY,THETHIRTEENTHDAY OF SEPTEMBER TWO THOUSANDAND TWENTY THREE
PRESENT
THE HONOURABLESRIJUSTICEJ. SREENIVASRAO
WRIT PETITIONNO:42757oF 2017
Between:
Nelluri NageswaraRao-,S/o'Ramaiah, aged.59 years' Occ ; Rtd''Staff Assistant (PAcs) chennaram(V) (Secretary) Primary i'tetitondapatty(tu) khammam "gdil;l;'-'di'oiE'"tiu"'socldtvDistrict'
.....PETITIONER
AND
.....RESPONDENTS
PetitionUnderArticle226oflheConstitutionoflndiaprayingthatinthe circumstancesstated in the affidavitfiled therewith' the High Court maybe pleased to issuewrit or direction preferably writ of mandamusdeclaringthe inactionoftherespondentnos.2to5inreleasingtheretiralbenefitsinfavorof the petitioneri.e. half salary from1-2-2015to 5-9-2016(period of suspension) salary from 1-5-2017to 31-8-2017(4 months), gratuityand earned leave'despite proceedingsoftherespondentno'2videletterRc'no'130/2017-C'dl'2j-'11-2017 as illegal, arbitrary,and violative of principles of naturaljustice and consequently
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direct the respondent nos.'1 to 5 to release said retial benefits in favour of the petitioner.
I.A.NO:1 OF 2017(WPMP. NO: 53024 OF 20171
Petition Under Section 151 CPC prayinl; that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent no.4 to take immediate action for release of retiral benefits in favour of petitioner in view of proceedings issued by the respondent no.2 vide letter Rc. no. 13012017-C dt.20- 11-2017 , penc ing the disposal of writ petition.
Counsel for the Petitioner : SRI AJEET VARMI, ADVOCATE FOR SRI KOWTURU PI\VAN KUMAR
Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES-|!|
Counsel for the Respondent Nos.3 & 4 : SRI S.CHANDRA SEKHAR
Counsel for the Respondent No.S : SRI P.SRINIVAS
The Court made the following ORDER
I I
THE HON'BLE SRI JUSTICE J. SREENTVAS RAO
WRIT PETITION N0.42757 of 2OL7 ORDER:
This Writ Petition is hled seeking the following reliet-
oto issue uit or direction preferably urit of mandamus declaing tLte inactioru of the respondent Nos.2 to 5 in releasing tLe. retirat benefits in _fauor of the petitioner i.e. half salary fromO1.O2.2O15toO5.O9.2O16 (period of suspension salary ); f.orn 01.O5.2O12 to 31.08.2017 (4 montl*), gratuity and earrted leaue, despite proceedings of th-e respondent No.2 uide letter Rc.No.130/2O17-C, dated 20.1 1 .2O1 7 as illegal, arbitrary and uiolatiue oJ principles of notural justice and consequently direc! the respondent Nos.l to 5 to release said retiral benefits in fauour of the petitioner."
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respondent No.2 on O9.lL.2Ol7requesting him to pay the retirement benefits. He furthersubmitsthat respondent No..2 issued Lettertide RC.No.l3OlzOl7=C dated 20. Ll.2OL7 directing therespondentNo.3-Societ5r to settle the retirement benefitsto the petitioner,as per his entitlement. Inspite of thesa:rre the respondentNo.3 has not settled the retirement benefits withoutany reasons.
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directed the respondent No.3 to settle the terminal benefits of the petitioner and inspite of the same respondent No.3 has not released the same. The respondent No.3 is not entitled to withhold terminal benefits of retired employee in the absence of any valid reasons.
Pending miscellaneous applications, if any, shall stand closed
SD/. K.SREERAMA MURTHY ASSISTANIREGISTRAR //TRUE COPY// (]D SECTION OFFICER
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SA GJP \ V
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HIGHCOURT
DATED:1310912023
ORDER
WP.No.42757of 2017
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DISPOSINGOF THE W.P
WITHOUTCOSTS.
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2 issues framed by the court
Whether the respondents were liable to release the petitioner's retired service benefits promptly as directed by a superior authority?
Whether the withholding of terminal benefits without valid reasons constitutes illegal inaction violative of natural justice?
1 provisions across 1 enactments
Nelluri Nageswara Rao
State of Telangana, Rep by its Principal Secretary Cooperation Secretariat
District Cooperative Officer, Khammam
Primary Agricultural Cooperative Society (PACS) Chennaram (v)
Chief Executive Officer, Primary Agricultural Cooperative Society (PACS) Chennaram (v) Nelakondapally
District Cooperative Central Bank, Khammam
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
