T. Jaishankar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

T. Jaishankar 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, as expeditiously as possible and preferably within ten (10) weeks from the date of receipt of a copy of the order, the petitioner's retirement benefits: Gratuity (TS) Rs.94,118 (Token 2523735633); Gratuity (CS) Rs.15,05,882 (Token 2523735643); Commutation (TS) Rs.1,22,247 (Token 2523735609); Commutation (CS) Rs.19,55,848 (Token 2523735621); General Provident Fund Rs.10,41,830 (Token 252378376); Leave Encashment Rs.15,11,340 (Token 2524217490); APGLI Rs.4,77,348 (Token 2523140290); and PRC Arrears Rs.3,58,404. No order as to costs; pending miscellaneous petitions, if any, closed.

Issue for consideration

Whether the retirement/pensionary benefits of petitioner T. Jaishankar, who retired from service on 30.11.2024 and whose benefits had not been released (despite the Government Pleader reporting that the bills had been processed but could not be released owing to dearth of funds), should be released by the respondents, and if so within what period.

Court's answer

Taking up the writ petition for disposal at the admission stage with the consent of both parties, the Court disposed of it by directing the respondents to release all eight enumerated retirement benefit amounts pertaining to the petitioner as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of the order, and made no order as to costs.

Detailed headnote1 paragraphs

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) — Namavarapu Rajeshwar Rao, J. — Writ Petition No. 10868 of 2025 — decided 11.04.2025. Mandamus petition under Article 226 of the Constitution of India filed by T. Jaishankar, retired Sub-Inspector of Police (PPO No.73 000744/SP), who retired from service on 30.11.2024, against the State of Telangana (Finance Department), the Home (Police) Department, the Director of Treasuries and Accounts and the District Treasury Officer, Vikarabad, complaining of non-release of his retirement/pensionary benefits despite processing of bills, attributed by the Government Pleader for Finance to dearth of funds with releases promised seriatim by token numbers: Gratuity (TS) Rs.94,118; Gratuity (CS) Rs.15,05,882; Commutation (TS) Rs.1,22,247; Commutation (CS) Rs.19,55,848; General Provident Fund Rs.10,41,830; Leave Encashment Rs.15,11,340; APGLI Rs.4,77,348; PRC Arrears Rs.3,58,404 — aggregating approximately Rs.70,67,017. An interim-relief petition under Section 151 CPC sought forthwith release. With the consent of both parties the petition was taken up and DISPOSED OF at the admission stage: the respondents were DIRECTED TO RELEASE all the enumerated amounts as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; pending miscellaneous petitions stood closed. The order does not carry forward the petitioner's pleaded demand for interest at 18% per annum. No precedent was cited; no dissent; single-member bench.

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HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD

(SPecial Original Jurisdiction)

FRIDAY, THE ELEVENTH^{DAY OF APRIL} TWO TI=IOUSAND^{AND TWENTYFIVE}

PRESENT

THE HONOURABLE SRI^{JUSTICE NAMAVARAPURAJESHWAR RAO}

WRIT PETI N NO: 10 80F o25

Between:

T. Jaishankar, S/o.^{Late Adivappa. age. 6? years, Retd' Ssblns^pectorof} porte, cenirir cimE-btatron,-virira'dho District. R/o.H^{No.13;?IB/32l20/1,} biit*ba Coronv,^{'be-eiimg'uaa, Sangareddv District (PPo No 73'} 000744/5P)^(PPO lD.No.^{1 804544)}

'1 . The State of Telangana' lept bt its Principal $ecretary, Finanqe^Department Secretariat, Hfderabad.'

2 ii ; 5Et;;ifurrnsi;",^rept, bv ils^{Principalsecretary,Home (Police)} Deoartment, secretar.rat, Hyderabad.

l fiE6i#iblr ;r r;;;;;;il ;;d'Atcounts, Governnidnt^{or rela-4lana'} lnsurance Buildings,^{Abids, Hyderabad'} . ..

+. inJ diiitici iigaiury^{offioer'Vikarabad, VikarabadD'ttt'tt} ...*=TT.NDENTS

Pgtition under^Article ?26 a!^{lhe Cgnotitution of lndia praying that in the} circumstaneqs^{stated in the} affidavit^{filed therewrth, the High Qourt maybe} pleased to issue an order^{or ditectionor writ, morg particularlyone in the natureof} Writ of Mandamqg,^{declqre the irnpug0qd Bctign of the resppndentsin not} releasing the^{retirernent/pensionary benefitssuch as Gratuity (TS) amount of} Rs.94,118/-with^{Token No 2523735633, Gratuity(CS) amount of Rs 15'Q5'882i.} withTokenNo.2523735643,Cornmutation(TS)amounlotRsj'22'241lwith Token No.2523735g09,^{Commutation (CS) amountof Rs 19'55'B4B/=with Token} No2523735621 ,^{General Provident Fund amountof Rs.10,41,8p0/-withToken} No'252378376,^{Leave Encashment amountof Rs.15,11,340/-withToken} No2524217490,^{APGLI amountof Rs'4,77,348/- with Tqken No2523140290and} PRQArrear$amQuntofRs.3,5S,404l,isillegal,arbitrary',unfair'unjust' discrimination,^{apart from violation.of all the statutory Rules and conQtitution4l} provisions and consequently^{directthe respondents to releasearid pay the said}

pensionary benefits^,with intprest @ 1B^{percent per annum from dale, of retirement} to till the date of actr- al^{payment is made.}

lA NO: 1 OF 2025

Petition^{undersection 151CPCprayingthat in the circumstgnqes} Etatedⁱⁿ the affidavit filed^{in support of the petition,the High court may be pleasedTq} direct the respondent!; to^{release the retiremenupensionarybenefits such a$} Gr:atuity^(TS) amount^{of Rs.94,118/' with TokenNo.25?3735633,Gratuity (CS)} amount of Rs.15,Q5,882/-^{with Token No.2523rc5143, Commutatign (TS) amount} of Rs,1 ,22,2411-wi\h^{TokenNo.2523735E09,Commutation (CS) amounl of} Rs 19,55,8481^{with Token No 252373562!,} Qeneral^{Prgvident Fund amqunt qf} R0,10,41,8301^{witfr l-oken No.25237837q, LeaveEncashm-qRt amgunt of} Rs.15,1j,3401^{with -token No 2524?17490,} APGLI^{amalnt of Rs,4,77,3481 wilh} Token.No.2523^{14O2gO andPRCArrearsamQuntof Rs.3.58,4041,tc the petitigner} forthwith^{pending disposal} of^{writ petitian.}

Ceunse! for the Petitioner:^{SRI C.$Al REQDY} Counsei^for the^{Respondent Nos.1,3 & 4: GP FOE FINANCE} Counsel^for the^{Respondent No.2i} 9P^FqR H9ME

The Cqurt made^{the following: ORDER}

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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION No. 10a58^()F 2025

ORDER

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

Heard Mr. C.Sai Reddy, learned counsel for the^petitioner, learned Government Pleader for Finance appearing for respondent Nos.1, 3 to 4 and learned Government Pleader for Home appearing for respondent No.2.

3 Learned counsel for the^petitioner submits that the^petitioner retired from service on 30.11.2024 and till now, his^retirement benefits were not released by the respondents

Learned Government Pleader submits that the bills^pertaining to the retirement benefits of the^{petitioner are alreadyprocessed.} However, due to dearth of funds,^{the amounts couldnot be released} to the petitioner on time.^{LearnedGovernmentPleader further} submits that as per seriatim of the token^{numbers, arnountswill be} released to the beneficia ries.

Having regard to the above^submissions, this^{Writ petitionis} disposed of dlrecting the respondents to release^{Gratuity (TS)} amount of Rs.94,118/- with^{Token No'2523735633Gratuity (CS)}

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amount of Rs.15,05,882/- with Token No.2J23735643, Commutation (TS) amount of Rs.|,22,247/- r.^,'ith Token No.2523735609, Commutation (CS) amount of Rs.19,55;,848/- with Token No.2Ii21735621, General Provident Fund 3mount of Rs.10,41,830/- with Token No.252378376, Leave t:ncashment amount of l1s 15,11,340/- with Token No.252421.7.t90, APGLI amount of Rs.4,77,348/- with Token No.2523t40290 and PRC Arrears amount of Rs.3,58,404l-, pertaining to the p€ititioner, as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

SD/.K. AMMAJI pEPU-rY REGISTRAR //TRUE COPY// \lsetiiON OFFICER 1 The Principal S ecretary, Finance Department Secretariat, HyOgrabad, State of Telangana 2 The Piincipal secretary, Home (porice) Department, Secretariiat, Hyderabad, State of Telangana. J ' The Director of Treasuries and Accounts, Government of Telangana, !1sur3n9g^{Buildings, Abjds,Hyderabad.} 4 The District Treasury Officer, Vikarabad, Vikarabad District. 5 one CC to SRt C SAt REDDy. A;";"rt6 ioFilci-^"'- o Two CCs to t3P FOR F|NANCE, nigha;.1,1 f"ri6e State of Tetangana, at Hyderabad IOUT] 7 I..Wg^{99s tg} .OI^{f_9n HOIvtE,High Courtfor the} State of Tetanrlana, at Hyderabad IOl-.lT] o Tlvo CD Copies

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HIGH COURT

DATED:1^110412025

ORDER

WP.No.10868^{of 2025}

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DISPOSING^{OF THE WRIT PETITION} WITHOUT^COSTS

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