Disposed

Kunja Adamma v. The State of Telangana

Telangana HC11 Mar 2024WP/5263/2024

Case brief

AI extract

What is this about?

The writ petition sought release of GPF amounts recovered from the salary of the petitioner's late husband, which were withheld due to administrative delays. The court directed the respondents to take action and sanction the amounts within six weeks.

What did the court decide?

Direction to respondents to take appropriate action on GPF proposals and sanction amounts within six weeks.

Kunja Adamma Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2024)

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[³³⁰¹ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF I\4ARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 5263 0F 2024

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Between:

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Kunja Adamma, W/o. Govin{a- Sharabhandu (Late), Aged 47 years, Occ: MNO (Male Nursing Orderly), GCH, Venkatapurdm, tviulu{u Districi.^{- -' ---}

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...PETITIONER

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AND

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1 The State of Telangana, rep, by its principal Secretary Health, Medical and Family Welfare Department, Di.B. R.Ambedkar Telangana Secretariat, Hyderabad.

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The Director of Public Health and Family Welfare, Koti, Hyderabad.

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Director Local fund, Hyderabad.

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The District Collector, Bhadradri Kothagudem District.

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The District Collector, Khammam District.

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District Health and Medical Officer, Arlulugu Distrrct.

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District Treasury Officer, Bhadradri Kothagudem District.

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Deputy Director, District rreasury office, Bhadradri Kothagudem District.

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High'Co],r.t ,uv n" pleased to issue writ of Mandamus decraring the action of thl Responoenis in not releasing the GpF amount which were re-covered from the,rlri, of rV-Lt" husband who died on 08.10.201 B without tt Li" o1i"g any varrd reason denying the said amounts on administrative rapses ro,. inu rast more than 5 years is illegal, arbitrarv and viorates Articre 14, rs. z1 a;J 300A of the constitution of s'-' 1',0^{consequentialy.decrare ttrat ftre putiiioiu,.} is entifled for totar GpF ' amounts.with interest @'l4percentag" p"r rnnr- from that date on which the petitioner's husband died tiil the Oat"tf ieafiziiion.

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lA NO: 1 OF 2024

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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 grant an interim direction forthwith directing the respondents by release the gratuity amount forthwith.

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Counsel for the Petitioner: SRI P.V. RAMANA

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Counsel for the Respondent No.1 to 8: Gp FOR SERVICES

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No. 5263 of2024

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ORDER:

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This Writ Pelition is filed by the petitioner seeking the following relief:

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"...to issue Writ of Mandamus declaring the action of the Respondents in not releasing the GPF amount which were recovered from the salary of my late husband who died on O8.1O-2018 without there being any valid reason denying the said amounts on administrative lapses for the last more than 5 years is illegal, arbitrary and violates Article 14, 19,21 and 3O0A of the Constitution of India and consequentially declare that the petitioner is entitled for total GPF amounts u,ith interest @74o/o per annum from that date on which the petitioner's husband died titl the date of rea-lisation and pass..."

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Heard Sri P.V.Ramana, leamed counsel for the petitioner and learned Government Pleader for Services for the respondents. With the consent of both the parties, the Writ Petition is taken up for disposal at the admission stage.

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Learned counsel for the petitioner submits that the husband of the petitioner late Sri G.Sharabandu, was appointed as Male Nursing Orderly at Government Civil Hospital, Venkatapuram, now in Mulugu District, on 02.06.2O18 and was expired in service on 08.10.2018. Thereafter, the peti[ioner was appointed as sweeper on compassionate grounds. L€arned counsel submits that during the lifetime of her late husband,

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PI., J wP 5263 2024

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GPF amounts were recovered from his salary as his contribution to different places in the erstwhile Khammam District and the Iast place of her husband's conLinuation of service is in Venkatapuram of Mulugu District. l,earned counsel further submits that .herever he was transferred and posted, his GPF amounts were recovered from the said place and those amounts were to bc calculated and paid on retirement/death of her husband, ro the legal heir i.e., in favour of the petitioner. Therefore, thc pe[itioner has made a representation on 20.O7.2O2O for setrlement of all retirement benehts. Upon such representation, all the amounts rvere sanctioncd to the petitioner except GPF amounts. As regards the same, respondent No.6 has forwarded the proposals for GPF amounts to respondent No.8 uide letter No.EIMNOl2022, dated 22.O8.2022. The grievance of the petitionei is that respondent No.S has not taken any action on the aforesaid proposals sent by respondent No.6 and the same is pending consideration as on date. Therefore, the learned counsel prays this Court to direct respondent No.8 to take necessary action on

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the proposals sent by respondent No.6 uide letter No.E/MNO/2O22, dated 22.O8.2022 and sanction cPF amounts

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PK, J wP 5263 2024

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l,earned Government^{Pleader for Services appearing for} the respondents^{submitsthat respondentNo'8 willtake} necessary action^{on the proposalssent by respondent No 6 uide} letter No.E/MNOl2022,^dated22.08 '2022^{and sanctionGPF} amounts

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In view of the^{above submissions made by the learned} counsel appearing^{for the respective parties, withoutgoing into} merits of the^{case, this Courtdeems it appropriate to dispose of} this Writ Petition^{directing respondent No'8 to take appropriate} action on the^{proposals sent by respondent No 6urdeletter} No.E/MNO/2O22,^{dated22.O8'2O22andsanctionGPF} amounts, within^{a period of six (06) weeksfrom the date of} receipt of a copy^{of this order and communicate a copy thereof} to the petitioner.^{There shall be no order as to costs'}

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Miscellaneous^{petitions pending, ifany, shall stand}

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closed.

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SD/.MOHD. ISMAIL ASSISTANT RFGISTRAR //TRUE COPY// ,VI SECTION OFFICER

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To,

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CA(

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The Principal Secretary Health, Medical^{and Family Welfare Department,The} State of Tdlangana, Dr.B.R.Ambedkar Telanpna Secretarial,^Hyderabad.

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The Director ol Public Health and Family Welfare,^{Koti,Hyderabad.}

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Director Local fund, Hyderabad.

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The District Collector, Bhadradri Kothagudem District.

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The District Collector, Khammam District.

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6, District Health and Medical Officer,^IVlulugu District.

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District Treasury Officer, Bhadradri Kothagudem^District.

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Deputy Directoi, District Treasury Office, Bhadradri^{KothagudemDistrict.}

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One CC to SRI P.V. RAIVANA, Advocate [OPUC]

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10.Two CCs to GP FOR SERVICES, High Court^{for the Stateof Telangana.} tourl

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Two CD Copies BN GJP

HIGH COURT

DATED:1 110312024

ORDER

WP.No.5263 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Kunja Adamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kunja Adamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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