Mohammed Muzammil Vs The State of Telangana

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132521

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

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TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE MRS JUSTIqE SUREPALLI NANDA

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WRIT PETITIO N NO:1 73oF2 25

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Botween:

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Sglqm.g{^{IVluzammit,p/o_ Ivtohammed ldris,} Aged 2l^years, Occ. Additionat Driver of rsMC, R/o H.No i-tt-iq,^'{iFeeo Naiiar'Niiarha6iJ, Telangana-503001 .

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AND

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,..FETfTIONEB

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1 The State of State At Dr BR Telanoana Am6edkbr sbcr6tariai Rep by Prl Secretary lrva.iiula. to Government^{- "} GAD Telangana

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2 The Chairman. Telangana Stafe .Min6ritiei--Cornmissiqn, HMWS$B, Rear Block, 4th Floor, Khairt;bad, Hvdrabad. TS.

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1. I9^999_.ol l:lalqgfg, .^{Prt' Secretaryto Governmenr Minpririeq Wetfare} Uepanment I elanoana State

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1. fhe Slate Of Telaigana, Chiqf $gcretqry to Government, Telangana State At Dr BR Ambedkar S6cretariat Hvberabad]

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s The Statp Of Telanganq, Pil Secretaiir lo Ggvernment Finance Deoartment lelangana $tate At Dr BR Ambedkar Secretaiiat Hyderabad

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...EFpPoNDENTE

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Petitiorl under Artiqre 226 of the consritutiqn of rndia prayiqQ thqt in thF cirpumgtanpeg statgd in the affidqyit fiteg tfergyrith, the High Qogrt may he pleased to issue a Writ order or direction And more particularly one ln thg nalurq of writ of Mandamus decraring the action of Respondent No.2 tg 5 p"y th" unpaid salary of the Petitionqr from dated 08-05-2029 tiil dqted 3e-11-2024 ia arbitrary, illegal and uncgnstitutionat and consequently dirqgt reqrlt thg unpaid salaries of the Petitioner stating from 08-05-20?3 to till dated tQ the credit of Respondent No.4 Authority and with a further direction to Respondent No.4 to pay with immediate effept the unp4id salary of the petitioner upon repeipt of such credit from Respondent No.2 Authority

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lA NO: 1 OF 2025

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Petition underr Section^'15'1 CPC prayingi/that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may !q plqgsefl lo pagp interim direction by directing Respondent No.2 to 5 pay thq Unpaid salary of the Petitioner from dated 081Q5/2023 till dated 30/1 112024 and Bendilg disposal of thg above writ^petition

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Cognsql for the Pqlitioner: SRl. SqFRAMANYAM DARABOINA

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poqnsel fol the Respondent Np.1: 9P FOB 9FNEBAL ADMINISTRAJION

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Gounsg;for lhe Respondent Nos, 2&$: AGP FOB SOCIAL WELFABE

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$qgnsgl^{for the Rgppo1{gnt go.5;} QP^{FOB FINANCE}

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The^{Cqfrtmadethe follgwing: ORAER}

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l

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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a WRIT PETITION No.1O73 OF 2025 --

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ORD ER:

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Heard Sri Subramanyam Daraboina, tearned counsel appearing on behalf of the petitioner, learned Government Pleader for General Administration appearing on behalf of respondent No.1, learned Assistant Government pleader for Social Welfare, appearing on behalf of respondent Nos.2 and 3 and learned Government Pleader for Finance and Planning appearing on behalf of respondent No.5.

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The petitioner approached the Court seeking prayer as under:

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"...to issue a Writ, order or direction and more particularly one in the nature of writ of l,landamus declaring the action of Respondent .No.2 in not paying the unpaid salary of the Petitioner from dated 08-052023 tll dated 30-11-2024 is arbitrary, illegal and unconstitutional and consequently direct to remit the unpaid salaries of the petitioner stating from 08-052023 to till date to the credit of Respondent No.2 Authority and with a further direction to Respondent No. 2 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent Nos.3 to 5 Authority and to pass...".

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2

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SN, J wP t0'73 2025

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3 Th€) case of the petitioner, in brief, is that the petitioner had been appointed as Additional Driver to the Chairman, Telangana State Minorities Commission on 08.0s.2023, The . Chairman and staff of the Commission are not paid their monthly salaries from lL.lZ.ZO23. The Telangana State Minorities commissicn Act, 1999 and Regurations 2000 mandates the state Government to provide the required budget to carry out operations in its true spirit but the respondents however faired to act and pr.vide sufficient budget for the functioning of Terangana State Minorities Commission.

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The chairman, Terangana state Minorities commission had represented in respect of the petitioner and other working staff of the 2nd respondent commission and also approached this Court by filing W.p. No. 536 of 2025 seeking a direction to consider the petitioner's representations dated 18.10.2023 and .>7.L2.2023 for release of the salary of the petitioner thereunder in W.p. No. 536 of 2025 and also submitted the representations for release of salaries for the working staft of the znd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 vide order dated 07.01.2025, directing the respondent Nos.2 to 5, thereunder to consider the grievance of

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SN, J wP 1073 2Q25

the petitioner thereunder as put I forth in the said

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representations.

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The petitioner herein also seeks similar relief for release of payment of arrears due to the petitioner since the date of appointment i.e. from 08.05.2023 as Additional driver to the Chairman. Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month, Hence the petitioner approached this Court by filing the^present writ petition.

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Tlre learned Assistant Government Pleader for Social Welfare appearing on behalf of tlte respondents submits that as on date the^petitionei- had not represented to the 2nd^respondent herein and hence no writ of Mandamus can be issued as^prayed for in the present writ petition. The learned counsel appearing on behalf of the^petitioner submits that the^petitioner may^be directed to put-fofth^{petitioner'sgrievance} to the^respondents through a representation and the respondents^may be directed to consider the same in accordance to law within a^reasonable period.

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4

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SN, J wP l07l 2025

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The learned Assistant Government^pleader for Social Welfare appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the^petitioner.

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Takinq into consideration :

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(a) The facts and circumstances of the case,

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(b) The submissions made by the learned counset

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appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social Wetfare,

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(c) The fact as borne on record that the petitioner had not represented as on date and put forth the grievance of the petitioner as put forth in the present writ petition seeking release of petitioner,s unpaid salaries since the date of petitioner,s appointment i.e from 08.05.2023 as Additional Driver to the Chairman, Telangana State Minorities Commission,

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(d) The order of this Court dated O7.Ot.2OZs passed in W.P. No. 53G of 2025 filed by Chairman, Telangana State Minorities Commission,

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This Court opines that no Writ of Mandamus as prayed for by the petitioner can be issued, since there is \

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SN, J wP 1073 2025

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no inaction on behalf of respondents^{in considering the} grievance of the petitioner herein as alleged by^the petitioner, since even acfording to the^{petitioner, the} grievance of the petitioner had not^been communicated^by the petitioner to the^{2nd responcient hercinas on date.}

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The writ petition is however^{disposedof directing} the petitioner to make a representation^{to the respondent} Nos.2 to 5 seeking retease of^{unpaid salaries of the} petitioner since the Petitioner's appointment^{as Additional} Dr:ver to the Chairman,^{TelanganaStateMinorities} Commission i.e. from 08.05.2023^{and to continue to pay} the salaries to the^{petitioner regularlywithin a period of} one (1) week from the date of^{receipt of a copy of this} order. Upon the^{petitioner making such representation to} the respondent Nos.2 to^{5, the respohdent Nos.2 to 5 shall} consider the said^{representationof the petitionerin} accordance to law, and^{pass appropriate orders within one} (01) week thereafter and duly^{communicatethe decision} to the petitioner on^{the said representation.However,} there shall be no order^{as to costs.}