P. Rama krishna Raju Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

P. Rama krishna Raju Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondents to release the retirement benefits to the petitioner in pursuance of Letter No. AG(A&E)/P14/IV/R-10/SP15/2024-04 dated 01.05.2024 issued by respondent No.3, preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the respondents should forthwith release all terminal benefits payable to the petitioner (retired 30.04.2024) in pursuance of Letter No. AG(A&E)/P14/IV/R-10/SP15/2024-04 dated 01.05.2024 issued by respondent No.3, their non-payment having been prayed to be declared illegal, arbitrary and discriminatory.

Court's answer

The writ petition is disposed of directing the respondents to release the retirement benefits to the petitioner in pursuance of Letter No. AG(A&E)/P14/IV/R-10/SP15/2024-04 dated 01.05.2024 issued by respondent No.3, as expeditiously as possible, preferably within ten (10) weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), single Judge (Namavarapu Rajeshwar Rao), W.P. No. 10742 of 2025, decided 10-04-2025: The petitioner, a retired teacher who retired on 30.04.2024, whose pension had been sanctioned by the Principal Accountant General (A&E) vide Letter No. AG(A&E)/P14/IV/R-10/SP15/2024-04 dated 01.05.2024, sought a mandamus for release of terminal benefits (death-cum-retirement gratuity, commutation of pension, GPF, encashment of earned leave/HPL for 300 days, TSGLI closure), alleging the non-payment violated Articles 14, 16 and 300-A of the Constitution. The learned Government Pleader attributed the delay to dearth of funds and submitted that amounts would be released in pursuance of the letter dated 01.05.2024. With the consent of both parties, the writ petition was disposed of at the admission stage, directing the respondents to release the retirement benefits in pursuance of the said Letter as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; there shall be no order as to costs and miscellaneous petitions were closed.

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IN ri! THE HIGH ' - '- ' :r'^{COURTFOR THE STATEOF TELANGANA AT HYDERABAD} (Special Original Jurisdiction)

,

,

THURSDAY,^{THE TENTHDAYOF APRIL} i ., i^{TWO THOUSAND AND TWENTYFIVE} I

PRESENT

THE HONOURABLE^{SRI JUSTICE NAMAVARAPURAJESHWAR RAO}

WRIT PETIT^{ION NO:107 420F 2025}

Between:

P. Rama krishna^{hjju, S/o. Late P. RamakrishnaRaju Occ- Retired Teacher'^Age-} br';;;;'m"o. irr.r6-tric aotA*:'^;--i; @dhu'd-''-a-g^"^{colonv BHEL'EcHBS} c?,riiv, iri.i"ninorapurm^{(M),Sangareddv Dist - 502o32'} t

AND

I tr6 State of^{Telangana, Rep. by its Principal Secretary of Government'} ii;#'b;;;;*!ii oi. e.R. dmbedkar^{telansana state secretariat'} Hyderabad.

2 The Commissioner^{of School Education, Telangana' Hyderabad'}

2 The Principal Accountant^{General (A and E), Telangana' Hyderabad'}

4 The Director^{of TreasuriesandAccounts, Telangana' Hyderabad'}

5 The Deputy^{Director of Treasuries, Sarigareddy, Sangareddy District'}

...RESPONDENTS

Petition under^{Article226 ot the Constitutionof lndia prayingthat in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue^{a Writ order or direction especiallyonein lhe nature of Writof} ltilandamus^{declaringthat. a. The action of the Responddntsin not making} payment of terminal^{benefits to the Petitionersin pursuanceof lbtter/proceedings} issuedbythe3rdRespondentinLr.No-AG(AandE)/P14llvtR-101sP1512024_04 dt-0,1.05.2024is]illegal,arbitraryanddiscriminatory,violatingArticlel4,l6and 300-AoftheConstitutionoflndia.b.FurtherdeclarethattheRespondentsshall forthwithreleaseallterminalbenefitspayabletothePetitionersincludingDeathcum- Retirement,^{Gratuity,Commutationof Pension'General ProvidentFund} amount and^{encashmentof Earned Leave and retirementdated 30'04'2024 and}

t:,1 _ ,* -'

the proceedings,in t.r.No-AG(AandE)lp14ltvlR-1otsp1st2o24-04 dt_ 01.0s.2024 of the 3rd Re,ipo,r,tent and the token No 2SOgtB4241 dt_ 24.05.2024 for Rs.2,06,953/- t,warls gratuity, token No_ 2509784465 dt 24.05.2024 fot Rs_3,44,311l- t.war,ls commutation, final EL and HpL for 300 days for Rs.13,50,3201 , ZPG7F finat payment , A/c No 5819 vi,je proceedings No 122/5312024 dt- 30 07.2024 and TSGLL Ctosure for Rs,.3,3,:t,3.1 3/- c. The Respondents ha re no right or power to withhold the terminal ben,-.fits payable to the Petitioners alter lreir retirement.

lA NO: 1 oF 202,_,

Petition unrer Iiection 151 cpc praying that in the circrrmst,nces stated in the affidavit filec in support of the petition, the High Cou 1 may be pleased plgased to direct ther Rssp6n6.nts to forthwith release aI fl-e terminar benefits payable to the l)etitioner in pursuance of the Lr.No_AG(A an<i E)tP14ilVtR1015P1512024-04 dt.()'1 .05.2024 of the 3rd Respondent rncluding payment of General Provident FLrird amount, and encashment of Earned reave and Earned Leave amount, pendin3 disposal of the Writ petition.

Counsel for the pstit;()ner : SRI T.RAHUL . ,

Counset for the Respondents No.1,4&5 : Gp FOR SERVICES ll

Counsel for the R,:spcndents No.2 : Gp FOR SCHOOL EDUCr\TION

Counsel for the Rr:spondent No.3:SRl M.MURALI KRISHNA,S(l FOR PAG(A&E) The Court made flre following: ORDER

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,5-

THE HON'BLE SRI JUSTICE^{NAMAVARAPU RAJESHWAR RAO}

WRIT PETITI ONN^o.LO72oF2025

ORDER

With the consent^{of both the parties,this Writ Petition is taken} up for disposal, at the^{admission stage.}

2.HeardMr.T.Rahul,learnedcounselforthepetitioner,learned Government^{Pleaderfor Services} -^{III appearingfor respondent} i Nos.1, 4 and 5,^{learned GovernmentPleader for SchoolEducation I} appearing for respondent^{No.2, Mr'M'MuraliKrishna,learned} Standing Counsel^{appearing for respondent No'3'}

Learned counsel^{for the petitioner submits that the petitioner} retiredfromserviceon30.04.lgB5.Consideringthepension proposals, respondent^{No.3sanctioned pensionto the petitioner} vide Letter dated 01.05.2024.^{However, till now, his retirement} benefits were^{not releasedby the respondents'}

4- Learned Government^{Pleadersubmits that due to dearthof} funds, the amounts^{could not be releasedto the petitioner'on time'} However, in^{pursuance of Letter, dated 01'05'2024, amountswill be} released to the^{beneficiaries.}

Having regard to^{the above made submissions' this Writ} petition is disposecl of^{directingthe respondents torelease}

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retirement b enefits to the petitioner in pu rsuance of Letter No. {G(r&E)/p14 /IV / R_ IO / Sp t5 / 2024_04, d;rted 0 1. 05. 2024, issued by^-espondent No.3, as expeditiously as porjsibl,3, preferably within a pe riod of ten (10) weeks from the date of receipt of a copy of this ordr r, Trere shall be no order as to costs.

Miscellan,:ous petitions pending, if any, shall stand closed.

SDi.,A.V.S.PCASAD DI:PUT,Y REG6TRAR

//TRUE COPY//

V

SECTION OFFICER

To,

'1 The Princi )al Secretary of Government, Finance Departntent, .flyderabad.Dr_ B.R. Ambedkar Telangana State Secietariat, State of Teia ngrrna,

The Comnriss oner of School Education, Telangana, Hyd _.rabad.

The Princirral ,\ccritintant General (A and E), Telangana, Hyde rabad.

The Direct rr of Treasuries and Accounts, Telangana, Hyclerabad.

The Deput 7 D r,:ctor of Treasuries, Sangareddy, Sangareddy t)istrict.

One CC to SRI T.RAHUL, Advocate. IOPUCI

fwo CCs 1r Gc FOR SERVICES lll, High Court for the Slate of Telangana. lourl

Two CCs .o^(lP FOR SCHOOL EDUCATION, High Cr>urt 1or the State of Telangana [OLT]

One CC to SRI M.IVURALI KRISHNA, SC for principal Accountant General (A&E). IOFUCI

'1 0. Two CD Copies.

BSK

GJP \

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HIGH COL'R]'

DATED:1010412025

CC TODAY

ORDER

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WP.No.10742 of 2025

DISPOSINGI OF THE WRIT PETITION WITHOUT COSTS

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