Retired employee's writ petition seeking release of withheld retirement benefits including gratuity, commutation, earned leave encashment and GPF. Court directed respondents to release all tokenised amounts within eight weeks, without going into merits.
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HrcH couRrt?+ ITEDSIUiSf IE':ANGANA (SPeciaiorilinalJ urisdiction)
THURSDAY ,THENINTH DAYOF JAN.UARY "'iw;iiidusAND AND rwENrYFlvE
PRESENT
THE HONOURABLESRI JUSTICEPULLA KARTHIK WRITPETITIONNO:1 014 0F2025
Between:
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"'PETlrtoNER
AND
PetitionunderArticle 226 ol lheConstitutionof lndia prayingthat in the circumstancesstated in the affidavit filedtherewith' the High Courtmay be pleased toissue an orderor direction or writ' more particularlyone in the nature of Writof Mandamus' declarethe impugned action of the respondents in not )" releasingand paying the Gratuity(TS) amount of Rs 2'01'775/- with *": 2522413633'df' 12 8 z[z4'Gratuity(CS)amountof Rs' 't 3'98'2251 with Tuken No.2522413586'dt' 12 8'2024' Commutation(TS) amount of Rs 2'03'550/-with TokenNo2522413619' dl' 12'8'2024' Commutation(CS) amount of Rs' 14,10,518/- with Token No' 252241364' dl' 12'8'2024' Encashmentof Earned Leaveamountof Rs' 1 1'61'321 /- with Token No' 22Ol1603015' dl' 24'B'2O24and GenerarprovidentFund (GpF) amount ofRs' 5,55'955/- with Token No.2522444823,dl' g a '2024is illegal' arbitrary' unfair' unjust'discrimination'
apart from violation of all the StatutoryRules and Constitutional provisionsand consequently direct the respondents torelease and paythe Gratuity (TS) amount of Rs. 2,0'1 ,775l- with Token No. 2522413633, dt.12.8.2024, Gratuity(CS) amount of Rs. 13.98,2251- with Token No. 2522413586, dt.12.8.2024, Commutation (TS) amount of Rs. 2,03,550/- with Token No. 2522413619,dl. 12.8.2024, Commutation (CS) amount of Rs. 14,'10,5'18 I with Token No. 2522413604, dt. 12.8 2024, Encashment of Earned Leave amount of Rs. 11,61,3211- with Token No. 22011603015, dt. 24.8.2024 and General Provident Fund (GPF) amount of Rs. 5,55,955/- with Token No.2522444823 dl. 9.8.2024 with interest @ 24 per annum from date of retirement to till the date of actual payment is made
lA NO: 1 OF 2025
Petition under S,ection 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the respondent to release and pay the Gratuity (TS) amount of Rs. 2,O1 ,7751- with Token No.2522413633, dt. 12.8.2024, Gratuity (CS) amount of Rs. 13,98,225l- with-loken No.2522413586, dt. 12.8.2024, Commutation (TS) amount of Rs. 2,O:3,5501- with Token No. 2522413619, dt. 12.8.2024, Commutation (CS) amount of Rs. 14,10,518 /- with Token No. 2522413604, dt. 12.8.2024, Encashment of Earned Leave amount of Rs. 1 1,61 ,321,t- with Token No. 22011603015, dt.24.8.2024 and General Provident Fund (GPF) amount of Rs. 5,55,955/- with Token No.2522444823, dt. 9.8.2024 to the petitioner forthwith pending disposal of main writ petition
Counsel for the Petitioner: SRl. P. UGENDER REDDY
Counsel for the Respondents: GP FOR SERVICES lll
The Court made the following: ORDER
THEHON'BLE SRI JUSTICE PULLA KARTHIK WRITPETITIONNo. 1014OF2025
ORDER:
withtheconsentofboththeparties,thewritpetltlon is disposedof at the stageof admissionitself'
,.. to issue an order or directionor writ, more particularty' one in the natureo[ Wrlt of Mandamus' declarethe impugned actionof the respondents in notreleasingand payrng the Gratuity(TS) amount of Rs.2,01,775/. with TokenNo.25224t3633'datedl2'OA 2024' Gratuity(CS) amountof Rs. i3,98,225lwith TokenNo 2522413586 ' dated12 08 2024' commutation (TS) amountof Rs 2,03'55o/- with TokenNo'2522413619' dated 12 08 2014' Commutation(CS)amountof Rs'14'10'518/-with TokenNo '2522413604' dated12.08-2024' Encashment of Earned Iraveamount of Rs 11'61'321/- withTokenNo'2201'1603015 'daled 24 O8 '2024 and General ProvidentFund (GPF) amountot Rs'5'55'955/ withToken No 2522444823' dated 09.082024, as illegat' arbitrary' unfair'unjust' discrimination'apart from violatrono[ allStatutory Rules andConstitutiona-1provisionsand conscquentl,,-direct the respondentsto releaseand paymentof Gratuity{TS) amountofRs.2'Ol'7751-with TokenNo'2522413633'dated12 O8'2O24 ' Gratuitv(CS)amountof Rs 13'98'225/ withToken No 2522413586'dated Q.oa.2o24,commutation (TS}amount ofRs.2,03,55o/withToken No.2522'113619,dated \2Oa'2O14'Commutation (CS) amountof Rs,I4,10'518/\fithTokenNo'25224136O4 'daLed- 12'08'2024'Encashment of EarnedLeave amount of Rs'11'61'321/-with Token No220116O3O15' (lated 2 ''082024 andGeneralProvidentFund(GPF)amountof Rs.5.55,955/-rvith TokenNo'2522444823 ' datedO9 O82O2'1
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4 . Learned counsel for the petitioner submitted that the pel.itioner retired from service on 3l .O7 2024 on attaining tht: age of superannuation from respondent No.S department arrd he was also issued ppO No.11-02019g/Sp. He further submitted that consequent upon retirement, the pension proposals have been processed and sanctroned by the competent authority ald thereafter the same were sent to the Accountant
General, who in turn verified and accorded sa;-rction and based on the same the concerned Pension pa],ment Officers, Sub Treasury Officers and Assistant Treasury Officers have processed, cieared the same ad issued Token numbers. The grievance of the petitioner is that though five (5) months have been elapsed from the date of his retirement, the said benefits were not released b1 the respondents a1d hence, he seeks indulgence 01- this Court to issue a direction to the
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respondentstorelease retirement benefits of the petitioner' withinthe stipulated time
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. 5. On theother hand' learned GovernmentPleader submitsthat the respondents will release the pension and benefitsof the Petitionerand he seeks otherretirement twelve(12) 'uveeks' time torelease the benefrts bY the resPondents'
madebY 6' Havingregard tothe submissions withoutgoinginto learnedcounsel for respective partles' ion isdisPosed of the meritsof the case' the Writ Petit directingthe respondents to releaseand pay Gratuity (TS) amountof Rs 2'01'775/- with Token No'2522413633'daLed 12.O8.2024,Gratuity(CS) amount of Rs'13'98'2251-with commutation t2.o8.2024, TokenNo'2522413586' dated (TS) amountof Rs'2'O3'55O/-with Token No'2522413619' datedl2'O8 2Ol4' Commutation (CS) amount of Rs.14,10,518/-u'ithTokenNo'2522413604'dated 12.08.2024,Encashmentof Earned Leave amount of Rs.11,61,321l-withTokenNo'22O116O3O15'dated 24.OA.2O24and General ProvidentFund(GPF) amount of
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Rs.5,55,95,5/ u,ith Token No.2522444823, dated 09.OB.2O2,l to the petitioner, as expeditiousl-v as possible, preferabrl. ,,vithin a period of eight (B) weeks from the date of recerpt of a copy of this order There shall be no order as to CoStS
Miscellaneous petitions if any, pending in this Writ Petition sha[ stand closed.
SD/.A.V.S. PRASAD ASSISTANTREGISTRAR
//TRUE COPY// dr4'l CrION OFFICER
To,
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CC TODAY
HIGH COURT
DATED:0910112025
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ORDER
WP.No.1014 of 2025
DISPOSING OF THE WRIT PETITION WITHOUT COSTS vr
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1 issue framed by the court
Whether the respondents could withhold the petitioner's gratuity, commutation, leave encashment and GPF amounts after superannuation.
1 provisions across 1 enactments
Petitioner (name illegible in OCR)
Respondent No.1
Respondent No.2
Respondent No.3
Respondent No.4
Respondent No.5
Pulla Karthik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
