Disposed¶35

V.Balakistaiah v. The State of Telangana

Telangana HC1 May 2025WP/13585/2025

Case brief

AI extract

What is this about?

Terminal benefits; retirement benefits; pension sanction; Principal Accountant General (A&E) Letter dated 06.01.2025; AG(A&E)/P19/I/B-256/SP769/2024-1213182; General Provident Fund; Gratuity; Commutation of Pension; encashment of Earned Leave; Rs.6,05,735/-; dearth of funds; delayed release; writ of mandamus; Article 226; Article 14; Article 16; Article 300A; Section 151 CPC; admission stage disposal; ten (10) weeks; Telangana; Nagarkurnool; Kollapur; retired LFL H.M.; no costs.

What did the court decide?

Direction to the respondents to release the petitioner's retirement benefits pursuant to respondent No.3's Letter dated 06.01.2025, as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions closed. ¶35

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are obliged to release the petitioner's terminal/retirement benefits sanctioned pursuant to respondent No.3's Letter dated 06.01.2025, which remained unreleased after his retirement on 31.12.2024.

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Court's answer

This Court disposed of the writ petition (taken up at the admission stage with the parties' consent), directing the respondents to release the petitioner's retirement benefits in pursuance of the sanction Letter dated 06.01.2025 issued by respondent No.3, as expeditiously as possible.

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Ratio / Principle

The release of retirement benefits is to be effected preferably within a period of ten (10) weeks from the date of receipt of a copy of the order.

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Key takeaways

There shall be no order as to costs.ratio¶35
Miscellaneous petitions pending, if any, shall stand closed.ratio¶36

Detailed headnote1 paragraphs

Telangana High Court (Single Judge, Justice Namavarapu Rajeshwar Rao), Writ Petition No.13585 of 2025, decided 01.05.2025: V.Balakistaiah, a retired employee (Occ. Retired LFL H.M.) who retired on 31.12.2024, sought a writ of mandamus (invoking Articles 226, 14, 16 and 300A) against six State respondents for non-payment of terminal benefits - Death-cum-Retirement, Gratuity, Commutation of Pension, General Provident Fund and encashment of Earned Leave - notwithstanding pension sanction by the Principal Accountant General (A&E) (respondent No.3) vide Letter dated 06.01.2025; he also asserted entitlement to leave-encashment of Rs.6,05,735/- and a GPF amount. The Government Pleader pleaded dearth of funds and undertook release pursuant to the said Letter. With the parties' consent the petition was disposed of at the admission stage: the Court directed the respondents to release the retirement benefits in pursuance of the 06.01.2025 Letter as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions stood closed. No precedent cases were cited or discussed.

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[³³⁰⁴¹

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

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THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION NO: 13585 OF 2025

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Between:

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V.Balakistaiah, S/o. V.Chandraiah, Age . 61 years, Occ Retired LFL H.M., R/o. H.No.2-2, Gangaputra Colony, Singotam Post, Singotam Mandal, Nagarkunool District.

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...PETITIONER

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AND

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1 . The State of Telangana, Rep. by its Principal Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad

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The Commissioner of School Education, Telangana State, Hyderabad.

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The Principal Accountant General (A and E), Telangana, Hyderabad.

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The Deputy Director of Treasuries, Nagarkurnool, Nagarkurnool District.

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The Sub Treasury Officer, Kollapur, Nagarkunrool District.

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The Chief Executive Otticer, Z.P.P., Nagarkurnool, Nagarkurnool District.

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...RESPONDENTS

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Petition under A(icle 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^maybe pleased to issue a writ order or direction especially one in the nature of Writ of Mandamus declaring that, a) the action of the Respondents in not making^payment of terminal benefits to the Petitioner in^pursuance of letter/^proceedings issued^by the 3rd Respondent in Lr.No.AG(A86E)I P19l1l B-25615P76912O24-1213182 dated 06.01.2025 is iltegal, arbitrary and discriminatory, violating Article 14,¹⁶ and 300A of the Constitution of lndia b) further declare that, the Respondenls shall forthwith release all terminal benefits^payable to the Petitioner including Deathcum-Retirement, Gratuity, Commutation of Pension, General Provident Fund amount and encashment of Earned Leave and Earned Leave amount and other benefits in pursuance of his retirement dated 31 .12.2024 and the^{proceedingsin} Lr.No.AG(A and E)lP19lllB-25615P76912O24-1213182 dated^06.01 .2025 of the^3rd Respondent and Petitioner also entitled for Encashment of Leave amount^of

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Rs.6,05,735/- which was sanctioned vide token no.26oo2o7l9s dated 26.o4.2o2s. Petitioner is also entitled for GpF of amount of Rs.5,88,6701 which was sanctioned vide token no.2524013807 dated 21 .02.2o2s. c) the Respondents have no right or power to withhold the terminal benefits payable to the petitioner after his retirement.

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lA NO: 1 OF 2o2s

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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 direct the Respondents to forthwith release all the terminal benefits payable to the Petitioner in pursuance of the Lr.No.AG(AandE)/p19/l/B-2s6lsp76912024-1213182 dated 06.0'1 .2025 of the 3rd Respondent including payment of General provident Fund amount and encashment of Earned Leave pending disposal of the writ Petition.

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Counsel for the Petitioner: SRI GADDAM JALPATH REDDy SRt VENKAT REDDY

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Counsel for the Respondent Nos.1,4 TO 5: Gp FOR SERVICES lll Counsel forthe Respondent No.2: Gp FOR SERVICES-I Counsel for the Respondent No.3: SRI K.BALA KRISHNA, SC FOR AG Counsel for the Respondent No.6: SRI K.PRADEEP REDDy. SC FOR Zpp

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The Court made the following: ORDER

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t I

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TH E HON'BL E RI ]USTICE NAMAVARAPU RAJESHWAR. RAO

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WRIT P rTION No.13585 oF 2025

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ORDER

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

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Heard Mr. G. Jalapath Reddy, learned counsel for the petitioner, learned Government Pleader for Services-III for respondent Nos.1, 4 to 5, learned Government Pleader for ServicesI respondent No.2, Mr. K. Bala Krishna, learned Standing Counsel for the Principal Accountant General (A&E), for respondent No.3, and Mr. K. Pradeep Reddy, learned Standing Counsel for ZPP, for respondent No.6.

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Learned counsel for the petitioner submits that the petitioner retired from service on 3t.12.2024. Considering the pension proposals, respondent No.3 sanctioned pension to the petitioner vrde Letter dated 06.01.2025. However, till now, his retirement benefits were not released by the respondents.

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Learned Government Pleader submits that due to dearth of funds, the amounts could not be released to the petitioner, on time. However, in pursuance of Letter dated 06.01.2025, amounts will be released to the beneficiaries.

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Having regard to the above^{made submissions,this Writ} Petition is disposed of directing^{the respondentstorelease} retirement benefits to the^{petitioner inpursuanceof} Letter No.AG(A&E)/P19/t/8-256/SP769/2024-t2l3tB2,^dated 06.01.2025, issued by^{respondentNo.3, as expeditiously as} possible, preferably within a^period of ten^{(10) weeks from the date} of receipt of a copy of^{this order. There shallbe no order as to} costs.

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Miscellaneous^{petitions pending,if any, shall standclosed.}

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SD/-A.^SRINIVAS A REDDY GISTRAR ASSISTANT RE //TRUE^COPY// 1,, / SECT fou oprtceR

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lffffi,#ru*ffHilruffimm , loJ"u"%.^{to Gp FOR SERVICES-Iil,Highcourtfor the state of relangana, at} "^{+i"ltS?. t?'rB sERvtcES-I,Hish court for the stateof relansana, at} r l H# il^{: H rim rgsHf 6,?"J"oso,t8lfo"Ju} "r 12.Two^{CD CoPies}

PSK. GJPv

CC TODAY

HIGH COURT

DATED:01 lOSl2025

ORDER

WP.No.13585 of²⁰²⁵