Boeini Srikanth Vs The State of Telangana

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132521

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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 E'EBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE^{HONOURABLE MR$} JUqTIOE^SUREBALL' FANOA

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WRIT PETITION NO: 1126 F2 2

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Between:

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Boeini Srikanth,^{S/o. Boeini IVallaiah,aged} about.^{30 Years, Occ. Driver, r/o. H.No.} 2-64, Tfrummapoor Mandal. [t/lannepalle.^{Karimnagar, Telangana-5054@.}

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'.'PErlTloNER

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ANP

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The State of Telangana, Rep by^Prl Secretary lo^{Government GAD TelangAna} State At Dr BR Ambedkar Secretrait,^{l-fylera-bEd.}

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'' The Block, Chairman, Telangana State 4th Floor, Khairtabad, Hydrabad,^{fi/linorities Commission, HMWSSB,} T$.^Rear

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The State of Telanqana,^{Rep.by Pd Secretary} tg Governemnt^{tyl-inofitlee} ltVelfare Departmenf Telangana State At Dr BR Ambedkgr Secretrait, Hydq6abad.

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The State of Telangana, Rep.by^{ChiefSecretary} to^{Gqvernmen!, Telangana} State At^{pr BR Ambedkar Secretrait, Hyderabqd.}

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The State of Telqngana, Rep.by Prl Secrqtary to^Governmgnt [!n7pce Department Telangana State Ai Dr BB Ambedkar^{Secretrait,Hyderabad.}

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...BEFPoNDENTS

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Petitiol under Article 226 of the^{Constitutionof lndiaprayingthat in} thA circgmstanceg stated in the affidavit^{filedtherewith,} the High^Courtpaybe pleased to issue a Writ order or direction aqd mor:e^{particularly one} in^{the natUte} of writ of^{Mandamus declaringthe action9f Respondelt No.2 in} 1lat^pqyingthe unpaid salary^{of the Petitionerfromdated 08-05-2023till dated 30-11-2024 is} arbitrary, illegal and u nconstitution al and .consequently^{direc!remit the unpqid} Salarieq of thq Petitioner stating from^{08.05-2023 to till datedtq the credit of} Reqpondent^{No.2Authorityand with a further direction to Respqndqq! No,2 to pay} with^{immedate effect the unpaid salary of the petitioner uPon rQdeiptpf su'6h} credit from^{RespondentNo.3 to 5 Authroity}

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.!.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstanges stated in thg affidavit filed in support of the^petition, the High Court may be^ple?sed to^pesg interim^(irectigp [,7^(irec[ing Respgndqnt No,f to 5 pay the unpaifl^galqry of thg Pgitltoner^{frsm dated0B-Q5-2023 till dated} 3O-11^{2024 andpendingdisposal q{} thg abqye^{writ petition.}

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Coqnsel^for lhe^{Pelilioner : SRI SUBRAMANYAM} PARABOINA Counsel for the Respondents No.'t&4 ; GP FQR GENEBAL ADMINISTRATION goqnsel for !t-re Rqspondents No.2&3 : GP FQR SqCIA! WELFARE Cq!;nsql^for the^Respold-qnts No.5 : QP EQR FINANCE & PLANNINQ The Court made the following: ORAIB

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{'

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,a

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HON,BLE MRS.^{JUSTICE SUREPALLI NANDA}

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R E TI 1 o 0

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ORDER:

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Heard Sri^{SubramanyamDaraboina' learnedcounsel} appearing on^{behatf of the petitioner' learned Government} PleaderforGeneralAdministrationappearingonbehalfof respondent^{No.1, learnedAssistant GovernmentPleader} for Social^{Welfare, appearing on behalf of respondent} Nos.2 and 3^{and learned GovernmentPleaderfor Finance} and Planning^{appearing on behalf of respondent No'5'}

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2 The^{petitioner approachedthe Court seeking prayer} as under:

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and^more '...to^issue a Writ, order^{or direction} particularlY one in the nature^{of writ of} Mandamus declaring the^{action of RespondentNo'2 in not paying} the unpaid^{salary of the Petitionerfrom dated 08-05-} 2023 till^{dated 30-11-2024is arbitrary' illegaland} u nconstitutiona^{I and consequently direct to remitthe} unpaid^{salaries of the petitionerstating from 08-05-} 2023 to till^{date to the credit of Respondent No'2} Authority^{and with a furtherdirectionto Respondent No'} 2 to^pay with^{immediate effect the unpaidsalary of the} petitioner upon^{receiptof such credit from Respondent} Nos.3 to 5^{Authorityand to pass"'"'}

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SN, J w 1t26 2025

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The case of the petitioner, in brief, is that tht_, petitioner had been appointed as Driver to the Chairman, Telangana State Minorities 'Sommission on 0g.05.2023. The chairman and staff of the Cornmission are not paid their monthly salaries from 11.12.202:i. The Telangana State Minorities Commission Act, 1998 and tlegurations 2000 mandates the state Government to provide ther required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient lrudget 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 otherr 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 1g,10.2023 and 27.12.2023 for release of the salary of the petitioner thereunder in W.P. No. 536 of 2OZ5 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 07.01.2025, directing the respondent Nos.2 to 5, thereunder to consider the

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SN, J vtry tt26 2025

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grievancq of the^{petitionerthereunderas put forth in the said} represe ntations.

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The^{petitionerherein also seekssimilar relief for releaseof} payment of arrears due^{to the petitioner since the date of} appointment^{i'e. from 08.05'2023as Driver to the Chairman'} Telangana^{State Minorities Commission and furtherfor releaseof} salary regularly^{to the petitioner every month'Hencethe} this Court by^{filing the present writ} petitioner aPProached petition.

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The learned^{Assistant Government Pleader for Social} Welfare appearing^{on behalf of the respondents submits thatas} on date the^{petitionerhad not represented to the 2nd respondent} herein and^{hence no writ of Mandamuscan be issued as prayed} for in the^{presentwrit petition. The learned counsel appearing} on behalf of^{the petitioner submitsthat 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 accordanceto law within a reasonable} period.

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SN. J wP t126 2025

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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Tak n R to nsr ra

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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 pteader for Sociat Welfare,

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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 retease of petitioner,s unpaid salaries since the date of petitioner,s appointment i.e from O5.O5.2O23 as Driver to the Chairman, Telangana State Minorities Commission,

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(d) The order of this Court dated OZ.OL.2O2:J passed in W.p. No. 536 ol 2O2S 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 rt26]O2s

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nq..inaction^{on behalf of respondents in considering the} grievance of the^{petitionerhereinasalleged bY the} petitioner, since^{even accordingto the petitioner' the} grievance of^{the petitioner had not been communicatedby} the petitioner^{to the 2nd respondent herein as on date'}

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The writ^{petition is however disposed of directing} the^{petitionerto make a representation to the respondent} Nos.2 to 5^{seeking releaseof unpaid salaries of the} petitioner since^{the petitioner'sappointment as Driver to} the Chairman'^{Telangana State MinoritiesCommissioni'e'} from 08.05.2O23^{and to continueto pay the salariesto 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 representationto the respondent} Nos.2 to^{5, the respondent Nos'2 to 5 shall considerthe} said representation^{of the petitionerin accordance to law'} and^{pass appropriate orders within one (01) week} thereafter^{and duly communicate the decision tothe} petitioner on^{the said representation'However' there} shall be no^{order as to costs'}