Syed Khaja Moinuddin Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Syed Khaja Moinuddin Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Respondents directed to release the petitioner's retirement benefits in pursuance of Letter No.AG(A&E)/ptg/US_33/Sp73/2024_04/228 dated 3.5.2024 issued by the Principal Accountant General, Telangana, as expeditiously as possible, preferably within eight weeks from receipt of a copy of the order; miscellaneous applications closed; no order as to costs. The claim for interest @ 24% per annum was not specifically dealt with in the operative direction.

Issue for consideration

Whether the respondents' failure to release and pay the petitioner's sanctioned retirement benefits (Gratuity (TS) Rs. 1,40,181; Gratuity (CS) Rs. 14,59,819; Commutation (TS) Rs. 1,96,158; Commutation (CS) Rs. 20,42,755; Encashment of Earned Leave Rs. 17,04,090; General Provident Fund Rs. 6,78,365) is illegal/arbitrary, and whether the respondents should be directed to release and pay them with interest @ 24% per annum from the date of retirement.

Court's answer

The writ petition is disposed of, directing the respondents to release the petitioner's retirement benefits in pursuance of Letter No.AG(A&E)/ptg/US_33/Sp73/2024_04/228 dated 3.5.2024 issued by the Principal Accountant General, Telangana, as expeditiously as possible.

Ratio / Principle

The release of retirement benefits is to be made preferably within a period of eight weeks from the date of receipt of a copy of the order.

Key takeaways

As a sequel, miscellaneous applications, if any, pending in the writ petition stand closed, and there shall be no order as to costs.ratio¶38

Detailed headnote1 paragraphs

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Pulla Karthik, J., 23-01-2025): Writ Petition No. 1862 of 2025 under Article 226 seeking mandamus against non-release of retiral benefits. The petitioner, retired Senior Superintendent, VII Metropolitan Magistrate Court, Hyderabad, superannuated on 30.04.2024; the Principal Accountant General (A&E), Telangana, sanctioned the retirement benefits vide letter dated 3.5.2024, yet seven months later the dues — Gratuity (TS) Rs. 1,40,181, Gratuity (CS) Rs. 14,59,819, Commutation (TS) Rs. 1,96,158, Commutation (CS) Rs. 20,42,755, Encashment of Earned Leave Rs. 17,04,090 and GPF Rs. 6,78,365 — remained unpaid. With consent of parties, disposing of the petition at the admission stage, the Court directed the respondents to release the retirement benefits in pursuance of Letter No.AG(A&E)/ptg/US_33/Sp73/2024_04/228 dated 3.5.2024, preferably within eight weeks of receipt of a copy of the order; miscellaneous applications were closed with no order as to costs. The prayer for interest @ 24% per annum was not specifically dealt with.

[3301 ]

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

THURSDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION NO: 1862 OF 2025

Between:

Syed Khaia Moinuddin, S/o. Syed Lafeef, age. 6'l^years, Retd. Senior Superintendent, Vll Metropolitan Magistrate Court, Manoranjan Complex, Nampally, Hyderabad. Rl/o. Flat No. 503, Chandra Residency, Anjaneya Nagar colony' Moosapet' Hyderabad ...pETraoNER

AND

The State of Telangana, rept. by its Spl.Chief Secretary, Finance Department Secretariat, Hyderabad.

The Pay and Accounts Officer, Tilak Road, Abids, Hyderabad.^TS. 3. The Vll Metropolitan Magistrate Court, Manoranjan Complex,^Nampally, HYderabad

...RESP.NDENTS

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or writ, more particularly one in the nature of Writ of Mandamus, declare the impugned action of the respondents in not releasing and paying the Gratuity (TS) amount of Rs. 1,40,181 and Gratuity (CS) amount of Rs. 14,59,819 /-, Commutation (TS) amount of Rs. 1,96,1581 and Commutation (CS) amount ol Rs.20,42,755/-, Encashment of Earned Leave of Rs. 17,04,0901 and General Provident Fund amount of Rs. 6,78,365/- is illegal, arbitrary, unfair, unjust, discrimination, apart from violation of all the Statutory Rules and Constitutional provisions and consequently direct the respondents to release and pay the Gratuity (TS) amount of Rs. 1,4O,181 and Gratuity (CS) amount of Rs. 14,59,819/-, Commutation (TS) amount of Rs. 1,96,158! and Commutation (CS) amount of Rs. 20,42,755i-, Encashment of Earned Leave of Rs. 17,04,090/- and General Provident Fund amount of Rs. 6,78,365/-with

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interest @ 24ok per annum from date of retirement to till the date of actual payment is made

lA NO: 1 OF 2025

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 respondent to release and pay the Gratuity (TS) amount of Rs. 1,40,181 and Gratuity (CS) amount of Rs. 14,59,8'lg/-, Commutation (TS) amount of Rs. 1,96,'158/- and Commutation (CS) amount of Rs. 20,42,7551-, Encashment of Earned Leave of Rs. 17,04,090^ and General Provident Fund amount of Rs. 6,78,365/-- to the petitioner forthwithpending disposal of main writ petition

Counsel forthe Petitioner: SRI P. UGENDER REDDY

Counsel for the Respondents: GP FOR SERVICES lll

The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

w.P.No.1862 of 2o25

ORDER:

With the consent of the parties, this writ^{petitionis being} disposed of at the stage of admission.

The writ petition is Iiled with^{the following prayer:}

"To issue an order or direction or^{writ more particularlyone in the} nature of Writ of Mandamus, declare the^{impug:nedactionofthe} respondents in not releasing ald^{paying the Gratuity(TS) amount of Rs} l,4OtAll- and Gratuity^(CS) amount of^{Rs.14,59,819/- Commutation(TS)} amount of Rs.1,96,i58/ and Commutation^{(CS) amount of Rs-2O,42,7551-} Encashment of Earned kave of^{Rs.17,04,O9O/ and General ProvidentFund} arnount of Rs.6,78,365/ is illegat, arbitrary,^{unfair, unjust,discriminaiion} apart from violation of all the Statutory^{Rulesand Constitutionalprovisions} and consequently direct the respondents^{to paythe Gratuity(TS) amount of} Rs 1,4O,181/- and Gratuity^(CS) amount^{of Rs.14,59,819/-Commutation} (TS) amount of Rs.1,96,158 l- urtd^{Commutation (CS) amountof} Rs.2O,42,755/- Encashment of Earned^{kave of Rs.17,04,O9O1-and General} Provident Fund amount of Rs.6,78,365/-^{with interest 24 percent per} annum from date of retirement to till the^{dateof actual pa5,nnent is made"}

Heard Sri P.Ugender Reddy,^{learned counselfor the petitioner} and the learned Government^{Pleaderfor Services-Ill, appearing for} the respondents and^{perused the record}

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4' Learned counsel for the petitioner submits that the petitioner, who worked as Senior Superintendent in respondent No.3 office, had retired from service on attaining the age of superannuation on 3O.4.2O24. Thereafter, the principal Accountalt General (A&E), Telangaaa' Hyderabad vide letter dated 3.5.2024 sanctioned the retirement benefits to the petitioner. According to the learned counsel, though seven months have elapsed, the petitioner has not received her retira-l benefits, therefore, she seeks indulgence of this Court for release ofher retiral benefrts.

Leamed Government pleader for the respondents submits that in pursuance of letter dated 3.5.20 24, trle respondents will release the retirement benefits to the petitioner, however, prays this Court to grant ten weeks time in this regard.

6' Having regard to the submissions made by the rearned counsel for the respective parties, this writ petition is disposed of, directing the respondents to release retirement benefits to the petitioner in pursuance of l,etter No.AG(A&E)/ ptg /US_33 / Sp73 /2O24_O4 /228 dated 3.5.2024 issued by the principal Accountant General, Telangana' as expeditiously as possible, preferably within a period of

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eight weeks from the date of receipt of a copy of this order. As a sequel thereto, miscellaneous appiications, if any, pending in this

writ petition stand closed. There shail be no order as to costs.

SD/- P. PADMANABHA^REDDY ASSI REGISTRAR

//TRUE COPY//

CTION OFFICER

To,

lThesoecialChiefSecretary,FinanceDepartmentSecretariat,tlyderabad' z. ii'iJ^p-J, i"d ACcounis^{offic'er, Tilak Road,Abids, Hvderabad' TS'} 5. iii; Vll'Ci.poritan^{Magistra6 court'ManoranjanComplex, Nampally'} Hvderabad.

a. die-Cdio SRl.^{P. UGENDER REDDY,Advocate [OPU.C]} 6. i;; dc.'1"-GC^{Fbn senvtceslll ,High court foi the stateof relanganaat} Hyderabad [OUT]

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HIGH COURT

DATED:2310112025

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WP.No.1862 of 20252025 c.

WP.No.1862 of 20252025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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