Dismissed¶36

Smt. B. Savithri Bai, v. The State of Telangana

Telangana HC17 Mar 2025WP/20583/2017

Case brief

AI extract

What is this about?

Family pension; gratuity; withholding of pension and gratuity proposals; Prohibition and Excise Department; Superintendent Kamareddy; District Audit Officer; State Audit; rectification of father's name in service records; representation dated 12-05-2017; interim order dated 23.06.2017; compliance proceedings dated 11.07.2017; withdrawal of writ petition; dismissed as withdrawn; no costs; Article 226; mandamus; Section 151 CPC; Telangana High Court; Nizamabad; pensionary benefits.

What did the court decide?

Permission to withdraw the writ petition; petition dismissed as withdrawn with no costs; miscellaneous applications, pending if any, closed. No substantive relief awarded on merits. ¶36

Smt. B. Savithri Bai, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition; petition dismissed as withdrawn with no costs; miscellaneous applications, pending if any, closed. No substantive relief awarded on merits.

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Issue for consideration

Whether the action of the 3rd respondent in withholding the petitioner's family pension and gratuity proposals without sending them to the 4th respondent is illegal, arbitrary and capricious, and whether the 3rd respondent should rectify the name of the father of the petitioner's husband (rendered as "Megya" in the covering petition and "Megga" in the body of the order) on due enquiry and transmit the proposals to the 4th respondent.

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Ratio / Principle

Permission to withdraw the writ petition was accorded, learned counsel for the petitioner having submitted that the 3rd respondent, in compliance with the interim order dated 23.06.2017, had already issued proceedings dated 11.07.2017 enabling the petitioner to obtain pensionary benefits.

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Key takeaways

The writ petition was dismissed as withdrawn without costs, and miscellaneous applications, pending if any, were ordered to stand closed. The merits of the grievance were not adjudicated.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (High Court for the State of Telangana, under Article 226) by Smt. B. Savithri Bai, widow, seeking a mandamus against the 3rd respondent (Superintendent, Prohibition & Excise, Kamareddy) for withholding her family pension and gratuity proposals without transmitting them to the 4th respondent (District Audit Officer), and for rectification of the name of her late husband's father (printed as "Megya"/"Megga") on due enquiry before transmission. On admission (23.06.2017) the Court had interim-directed consideration of her representation dated 12.05.2017 within four weeks. Counsel reported compliance - proceedings dated 11.07.2017 issued enabling pensionary benefits - and sought leave to withdraw. Permission accorded; writ petition dismissed as withdrawn, no costs; miscellaneous applications closed. No issue decided on merits.

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[³³⁰⁰¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 20583 OF 2017

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Between:

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Smt- B. Savithri Bai, Wo. Late B. Shivaram, Aged about 55 years, Occupation Housewife, R/o. H.No.4-100-33-1 , Nadipally Tanda, Dichpally Mandal, Nizamabad District - 503 002.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue and Excise Department, Secretariat, Hyderabad.

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2 The Commissioner Prohibition and Excise. Excise Complex, It/lolamzahi Market Road, Hyderabad - 500 001.

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3 The Superintendent P & E, Kamareddy District - 503 111.

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4 The District Audit Officer, State Audit Department, Collectorate Office, Room No.206, Kamareddy District - 503 111

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...RESPONDENTS

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Petition under Al'licle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hrgh Court may be pleased to issue WRIT or an order particularly one in the nature of WRIT of mandamus, declaring the action of the 3rd respondent in withholding the family pension and gratuity proposals without sending to the 4th respondent as being illegal, arbitrary, Capricious besides violation of article^'19 and direct the 3rd respondent to rectify the name of the father of the husband of the petitioner as Megya on due enquiry and consequently transmit the proposais of family pension and gratuity to the 4th respondent in the usual course

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l.A. NO: 1 OF 2017(WPMP. NO:25225 OF 20171

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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 3rd respondent to consider and dispose the representation dated 12-05-2017 in the light of the appendices therein in order to rectify the name of the father of the husband of the petitioner, pending disposal of the above writ petition

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Counsel for the Petitioner:SRl.^{T BALASWAMI}

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Counsel for the Respondents:^{GP FOR PROHIBITION& EXCISE}

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The Court made the following:^ORDER

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,1 I tl

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I i

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HON'BLE SRI JT'STICE NAGESH BITEEMAPAI(A

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UTRIT PETITION No.2O583 ol 2Ol7 ORDER:

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This Writ Petition is frled seeking the following relief:

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'to issue WRIT or an order particularlg one in th-e nature of WRIT of mond.amus declaing the action of tLLe 3d respondent in uithltolding the family^pension and^gratuitg proposals uithout sending to tle 4th respondent os being illegal, arbitrary Capricious besides uiolation of Article i 9 and direct th.e 3d respondent to rectifA tle narne of tLe fatLer of the husband of the petitioner as Megga on due enquiry and consequentlg transnit the proposals of familg pension and gratuitg to tlle 4th respondent in the usual course."

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This Court while admitting the writ petition on 23.06.2017 granted the following interim order in

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W. P.M. P. No.2 5225 of 2Ot7 :

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'Learned Government Pleader for Services takes notice for respondent.

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There sha,ll be interirn direction to 3.d respondent to consider the representation of the petitioner dated 12.O5.2OI7 within four weeks frorn the date of receipt of a copy of this order in the light of appendiccs therein in order to rectify the name of the father of the husband of the petitioner and cornmunicate their decision thereon to the petitioner."

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l,earned counsel for the petitioner submits that the 3.a respondent-Superintendent, Prohibition and Excise, Kamareddy District, in compliance of the interirn order dated 23.06.2017, issued proceedings dated ll.O7..2Ol7 for the purpose of obtaining pensionary benelits by the petitioner. Learned counsel therefore, seeks permission to withdraw the present writ petition.

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4 Permission as sought for is accorded.

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