Dismissed

Mr. Syed Raheem v. The State of Telangana

Telangana HC18 Feb 2025WP/1379/2025

Case brief

AI extract

What is this about?

This judgment in a writ petition regarding unpaid salaries of an Advisor to the Telangana State Minorities Commission held that no Writ of Mandamus can be issued without the petitioner issuing a formal representation to the respondents seeking redressal for the payment dispute. The petition was disposed of by directing the petitioner to submit the required representation.

What did the court decide?

Order dismissed directing the petitioner to make a representation to the respondents for release of unpaid salaries and regular payment of salary.

Mr. Syed Raheem Vs The State of Telangana — Service and Employment | Telangana HC (2025)

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132s21

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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 JUSTICE SUREPALLI NANDA

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WRIT PETITION NO:13 79 0F 2025

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Between:

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tVr. Syed Raheem. S/o. Laie.SyedAbdul Aleeam, aged about. B3years, Occ Advisor to rhe chairman (rsrvbi,-Rv;. 1il:#iiid,'Eieeze Encrave Frat No 204, Sri Ram Nasar cotony, rv"#bi;;k,;;ii N;d;, "Hyderabad-500028.

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...PETITIONER

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AND

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1 The State of Telanoana. B"p ny _prl. Secretary to Government GAD, Tela n ga na S ta te At o i a n nm O-Jo ta? S"cr"t-rr"ii' l-iol m Ora

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2 The chairman, Terangana slate Minorities commission, HIVIWSSB, Rear Block, 4th Ftoor, KhairtibaO, HVOraOa.l,-fS.^" --" ""'

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The State of Telanoana Rep.by prl Secretary to Governemnt t,4inorities wetfare Departmeni reiangina' St;te-X"E;, d"R 'nrouot u,. secretrait, Hyderabad.

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4 The State of State At Dr BR Telanoana Ambldka, Rep. sejCret'rait, by Chief Hvo,,iulli'' Secretary to^* Government, lelangana"'

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The State of Telangana, Re3 by prl. Secretary to Government Finance Department reranoaia state tetarigan, si# Xiii,. b"R Rrb"dk* secrerrait, Hyderabad

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...RESPONDENTS

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Petition under Articre 226 of rhe constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction and more particurarry one in the nature of writ of l,4andamus declaring the action of Respondent No.2 in not paying the unpaid salary of the petitioner from dated 08-05-2023 tiri dated 3o-11-2024 is arbitrary, illegar and u nco nstitutionar and consequenfly direct remit the unpaid Salaries of the Petitioner stating from 0g-05-2023 to til dated to the credit of Respondent No.2 Authority and with a further direction to Respondent No.2 to

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pay with immed^{:rte € (lct the unpaid salary of the petitioneruJrc n teceiptof such} credit from^{RespoI 1r I : No 3 to 5 Authority'}

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lA NO:^{1oF 2025}

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Petition^{ttrl ],:r jection151 CPC prayingthat in the Circtlm StanCeS Stated} in the affidavit^{iie ,<support of the petition'the High Court n ay be pleasedto} pass interim d^{rectio , lry clirectingRespondentNo 2 to 5 pay th') u npaiC salary of} thePetitionerf.rltn<:l]edosl05l2O23tilldated30lllt2024andoelndingdisposal of the above^{\ /ri' l:1 t ,ln.}

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Counsel for^{the t'r:t :'oner:SRI SUBRAMANYAMDARABOINA}

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Counsel^{for the tl')s pondent No'1 & 4: GP FOR GENERALADIJIINISTRATION} Counsel for^{the ll:r prondent No'2 & 3: AGP FOR SOCIALWF-LFA'RE} Counsel^{for the lRa:} 1:ondent^{No'5: GP FORFINANCE& PLANNING} The Court^{macle tar following: ORDER}

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HON'BLE MRS. JUSTICE SUREPALLI^NANDA

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WRIT PETITIoN No.1379^()F 20²⁵

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ORDER:

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Heard Sri Subramanyam Daraboina,^{learned counsel} appearing on behalf of the^{petitioner, learned Government} Pteader for General Administration appearing^{on behalf of} respondent No.1, learned Assistant Government^Pleader for Social Welfare, appearing on^{behalf of respondent} Nos.2 and 3 and learned Government Pleader^{for Finance} and Planning appearing on behalf of^{respondent No.s.}

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2, The petitioner approached the Court^{seeking prayer} as under:

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",..to issue a Writ, order or direction and^more 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- 11-2024 is arbitrary,^illegaland unconstitutional and consequently direct^{to remit the} unpaid salaries of the^petitioner stating^{from 0B-05-} 2023 to till date to the credit of^{RespondentNo.2} Authority and with a further direction to^{RespondentNo.} 2 to pay with immediate^effect the^{unpaidsalary of the} petitioner upon receipt of such credit from^Respondent Nos.3 to 5 AuLhority and to^pass...".

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SN, J P L179 2024

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Thr: : t: : of the petitioner, in brief, is thert ..he cetitioner had been a1t;r ilted as Advisor to the Chairman,^'fela -tgana State M inorities C c r-r nission on 08.05.2023. The Chairm;rn and staff of the Ccim rr i i,;ion are not paid their monthly sa a.ies for the past 10 Tr )'1 -:; since the date of filing of the pre:;ent writ petition crrr :r.3.01.2025. The Telangana Stat3 t,4inorities Commission ,r,r t, 1998 and Regulations 2000 manda[ers r:he State Governmenl I . provide the required budget tD c,lrry out opera tio n r; ir I . true spirit but the respondents however failed to act anc pr( ,'ide sufficient budget for the funr:fionlng o1 Telangana St,r t i Minorities Commission.

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It is^frrrt :r the case of the petitioner that the C,tairman, Telangana l:; .,r I\4inorities Commission had reprr:sented in respect ol 1f € ytetitioner and other working staff rf the 2nd respondent r:o r r^-nission and also approached this Court by filing W.P. No. li 15, -.tf 2025 seeking a direction to corsider the petitioner's;^-Cr .,-)sentations dated 18.10.2023 and 2 7.12.2023 for release cf t_l : salary of the petitioner thereunder in ,V.p. No. 536 of 202!; i r d also the representations which perj:ains to release of silla ':rs for the working staff of the 2nd resl:ondent Commission a.rr also its arrears and this Court had dis6r95sfl qp

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SN, J wP 1379 2024

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the said writ petition No. 536 of 2025 on 07.0L.2025, directing the respondent Nos.2 to 5, thereunder to consider the grievance of the petitioner thereunder as put forth in the said represe n tation s.

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The petitioner herein also seeks similar relief for release of payment of arrears due to the petitioners since the date of appointment i.e. from 08.05.2023 as Advisor to the Chairman, Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month. Hence the petitioner approached this Court by filing the present wrlt petition.

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

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SN, J lvP l:79 2024

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l-lrt: :arned Assistant Government Pleader^,br Social Welfare ap[)oe^" ng on behalf of the respondents dor:s not dispute the said ;ubrr^,;sion made by the learned counsel atp,:aring on beha lf of tne p:,':itioner.

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Takin , nto consi deration:

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(a )^'l-t e facts and circumstances of the caser,

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(b) f re submissions made by the learned counsel

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appearing o r behalf of the petitioner and the learned Assistant Go"ernment Pleader for Social Welfare,

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(c)^'l'l'e fact as borne on record that the petitioner had not rel rresented as on date and put forth the grievance of lhe petitioner as put forth in the present writ petition seel.ing release of petitioner's unpaid salaries since the d rte of petitioner's appointment i,e since 08.05.202:3 i,s Adviser to the Chairman, Telangana State Minorities Co nmission,

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(d) l h r order of this Court dated Ct7.OL.2O2S passed in !i,. ) No. 536 of 2025 filed by OSD - Chairman, Telangana lit,rte Minorities Commission,

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This^(lc rrrt opines that no Writ of Mandamus as prayed for b' the petitioner can be issued, since there is

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SN, .I '$tP t379 2024

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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 2"d respondent herein as on date. 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 Adviser to the Chairman, Telangana State Minorities Commission i.e. since O8.O5.2O23 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 \tP t379 )024

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The, rris ::llaneous applications, pending ii any sltall stand

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closed.

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SD/- L. L,AKSHMI^BABU ASSIbT\NT^REGISTRAR .1 - .\ //TRUE^COPY/i

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'r sEc rloN oFFlcER '

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To, r The Prl 3e c'. ry^{to GovernmentGAD TelanganaJtate l': t rr BR Ambedkar} ' S"ir"irri,. ft,t'iabad. State ofTelangana'

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The Cl-rairnr:^{ITelangana StatetVlinorities Commissi'rr ' lllr/WSSB'Rear} ' sr"".rl,i,ri r : ''. Khairt-abad, Hydrabad' TS'

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The Prl S:^{r:1ry to Government MinoritiesWelkre D';[ dn'nentTelangana} " iirt" nt ii.:l ' qhu"or.Ii5""i"lrait' Hvderabad^{stattor'-eltnqana}

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a The Chir:I :;(^{(retaryto Government' Telangana State At tlr BR Ambedkar} - s"ir"t i,t 1 ' ,;'abid State of Telangana

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The^{Pri rl} ](.'tarytoGovernmentFinanceDepartm),t.[elanganaState'i Telangan;t ,iE 'ni"oi sn^{Aro"or,t '5;"'"friirH rd' rabad stateof} Telanganll '

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One^{CC tr Il i I SUBRAMANYAIMDARABOINA' AdvocatetC PUCI}

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7 T^/n co'c tr l[) FORGENERAL^{ADIVIINISTRATIONH gr Court forthe State} ' oii"6iii, rr rt Hyderabad [oUT]

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B. Two^CCs o';PFORFINANCE&PLANNING'High3'rurtfortheStateof Telang;an a a^l-{yderabad [OUT]

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Cc rrt for^{the State of}

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1. lwo^(-(, r t GP^{FOR SOCIALWELFARE'High} Telangar a : lyderabad [OUT]

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10.Two CD^{)::'1 i:s} BSR (, GJP \I

HIGH COURl

DATED:^18101t2025

ORDER

WP.No.1379^{af 2025}

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DISPOSIN,G^{OF THE WRIT PETITION,}

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WITHOUI"(^OSTS 'rL .-t t5 2a 1^I )

Mr. Syed Raheem v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr. Syed Raheem 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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