Disposed

Mir Baquar Ali Khan, v. The State of Telangana

Telangana HC18 Feb 2025WP/1081/2025

Case brief

AI extract

What is this about?

Attender at Telangana State Minorities Commission sought unpaid salary since 08.05.2023 via writ of mandamus. The Court held no mandamus lay as the petitioner had not made any representation to respondent No.2, and disposed of the writ petition directing him to represent within one week, with respondents to consider it within one week thereafter.

What did the court decide?

Petitioner to make representation to respondents 2-5 within one week; respondents to consider it per law within one week thereafter and communicate decision. No costs.

Mir Baquar Ali Khan, Vs The State of… — Pension and Retirement Benefits | Telangana HC (2025)

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

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

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PRESENT

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THE HONOURABLE MRS JUST]CE SUREPALLI NANDA

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WRIT PETITION NO: I 081 0F 2025

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Between:

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Mir Baquar Ali Khan, C/o, Mir Lutfe Ali Khan. Ao ed . 34 Years, Occ. Attenders of TSMC, R/o H.No 22-1-149. Noor Khah E azar, Saidabad, Hyderabad, Telangana-500024

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...PETITIONER

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AND

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The state of relanoana Rep by^prr secretary to Government GAD Telangana State At Dr BR Am6edkar Sbcri:trait, nyOerr6jO.--'-

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The Chairman, Telangana State Minorities Commission, *-'- HMWSSB, Rear Block,4th Ftoor, Khailtabad, Hrdr;b;d;is.^-

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The-State of Telangana, Rep.by prl Secretary to Governemnt Minorities wettare Deoartment Telangana State At Dr BR Ambedkar Secretrait, Hyderabad.

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The State of Telangana, Rep.by Chief Secretary to Government, Telangana State At Dr BR Am-bedkbr sbcr6trait, HvO"rrLjl.'-^--

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The State of Telangana, Rep.by prl Secretary to Government Finance uepanment tetangana State At Dr BR Ambedkar Secretrait, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High'court miy be pleased to issue a writ order or direction and more particularlfone in the nature of writ of Mandamus declaring the action of Respondent No.i in not payinj the unpaid salary of the Petitioner from dated 08-05-2023 tifl dated so-l,t]zoll is arbitrary, illegal and unconstitutional and consequenfly direct remit the unpaid Salaries of the Petitioner stating from 08-05-202s to iitt dated 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 ol such credit from Respondent No.3 to 5 Authority.

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lA NO: 1 OF 2025

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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^pass interim direction by directing Respondent No.2 to 5 pay the unpaid salary of the Petitioner from dated 08-05-2023 till dated 30-11-2024 and^pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI SUBRAMANYAM DARABOINA

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Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION

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Counsel for the Respondent No.2 to 4: GP FOR SOCIAL WELFARE

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Counsel for the Respondent No.S: GP FOR FiNANCE

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The Court made the following: ORDER

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HON'BLE^{MRS. IUSTICE SUREPALLI NANDA}

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T PETITI^o N o.⁰ 1 OF^zo25

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ORDER:

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,HeardSriSubramanyamDaraboina,learnedcounsel appearing^{on behalf of the petitioner' learned Government} Pteader^{for General Administrationappearing on behalf of} respondent^{No'1, learned Assistant Government Pleader} for Social^{Welfare, appearing on behalf of respondent} Nos.2 and^{3 and learned GovernmentPleader for Finance} and Planning^{appearingon behalf of respondent No'5'}

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2 The^{petitionerapproached the Court seeking prayer}

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as under:

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"...to issue^{aWrit, order or direction and more} particularly^{one in the nature of writ of Mandamus} declaring^{the action of Respondent No'2 in not paying} the unpaid^{salary of the Petitioner from dated 08-05-} 2023 till^{dated 30-11-2024 is arbitrary' illegal and} unconstitutional^{and consequently direct to remit the} unpaid^{salariesof the petitionerstating from08-05-} 2023 to^{till date to the credit of Respondent No'z} Authority^{and with a further direction to RespondentNo'} 2 to^{pay with immediateeffect the unpaid salaryof the} petitioner^{upon receiptof such credit from Respondent} Nos.3 to^{5 Authorityand to pass '"'}

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SN, J wP r08 r 2025

The case of the petitioner, in brief, is that the petitioner had been appointed as Attender to the Chairman, Telangana State Minorities Commission on 08,05.2023. The Chairman and staff of the Commission are not paid their monthly salaries from 11.L2.2023. The Telangana State Minorities Commission Act, 1998 and Regulations 2000 mandates the State Government to provide the required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient budget for the functioning of Telangana State Minorities Commission.

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The Chairman, Telangana 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 lg.lO.2023 and 27.I2.2023 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 along with arrears for the working staff of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 vide order dated 07.OL.ZO2i, directing the respondent Nos.2 to 5, thereunder to consider the

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SN, J wP t08l 2025

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grievance of the petitioner thereunder as^put forth in the^said representations.

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

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The learned Assistant Government^{Pleader for Social} Welfare appearing on behalf of the^{respondentssubmitsthat as} on date the^petitioner had^{not representedto the 2nd respondent} herein and hence no writ of Mandamus^{can be issuedas prayed} for in the^present writ^{petition. The learned counsel appearing} on behalf of the^petitioner submits that^{the petitioner maybe} directed to^{put-forth petitioner's grievance to the respondents} through a representation^{and the respondentsmay be directed} to consider the same in^{accordance to law within a reasonable} period.

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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 counsel

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appearing on behalf of the petitioner and the tearned Assistant Government pleader for Socia! Welfare,

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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 Attender to the Chairman, Tetangana State Minorities Commission,

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(d) The order of this Court dated Ot.OL,2O2S passed in W.p. No_ 536 of 2O2S fited 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

SN, J wP l08l 2025

no inaction on behalf of respondents in considering the grievance of the petitioner herein as alleged by the petitioner, since even according to the petitioner, the grievance of the petitioner had not been communicated by the petitioner to the 2nd respondent herein as on date.

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I I

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The writ petition is however disposed of directing the petitioner to make a representation to the respondent Nos.2 to 5 seeking release of unpaid salaries of the petitioner since the petitioner's appointment as Attender to the Chairman, Telangana State Minorities Commission i.e. from 08.05.2023 and to continue to pay the salaries to the petitioner regularly within 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 respondent Nos.2 to 5 shall consider the said representation of the petitioner in accordance to law, and pass appropriate orders within one (O1) week thereafter and duly communicate the decision to the petitioner on the said representation. However, there shall be no order as to costs.

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SN, J wP r0 2025

The miscellaneous applications, pending if any, shall stand

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closed.

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SD/- N.CHANDRA SEKHAR ASSISTANT REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

The Prl Secretarv to Government GAD, The State of Telangana, Telangana State At Dr BR Ambedkar Secietiaii. HvoeLU"al

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Z Il".Cn_qirg_an, Tg-tangana State Minoriiies Commission, HMWSSB, Rear

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^^{BlocK 4th Floor. Floor.Khairtabad, Hydrabad, Hydrabad,TS.}

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^^{BlocK 4th Floor. Floor.Khairtabad, Hydrabad, Hydrabad,TS.} 3 The Prl Secretary to Government Minorities welfare Department rhe state of

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.^{tetangana, Telangana State At Dr BR Ambedkar Secreirait,} Hvderabad.

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4 lltq Chret Secretary to. Government, The State of Telangana, ielangana State At Dr BR Ambedkar Secretrait, Hyderabad.

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1. The Prl Secretary to Government Finante Department The State df

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_^{retan_gana,IetanganaState At Dr BR Ambedkar} Secretrait, Hyderabad. 6. ONE CC tO SRI SUBRAMANYAM DARABOINA, AdVOCAIE IbP'UCI

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Two ccs to GP FoR GENERAL ADMrNrsrRATloN, High'Courtiirr the State of Telangana. [OUT]Telangana. [OUT][OUT]

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of Telangana. [OUT]Telangana. [OUT][OUT]

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8 lwo CCs to GP FOR SOCTAL WELFARE, High Court for the State of

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Telangana. [OUT]

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Two CCs to GP FOR FtNANCE, High Court for the State of Telangana. [OUT] 10.Two CD Copies

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CC TODAY

HIGH COURT

DATED:1 810212025

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ORDER

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WP.No.1081 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Mir Baquar Ali Khan, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mir Baquar Ali Khan, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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