Disposed¶36

K.Padma v. The State of Telangana

Telangana HC30 Jan 2025WP/2590/2025

Case brief

AI extract

What is this about?

Telangana High Court; writ of Mandamus under Article 226; retired employee (retired 31.05.2024); terminal/retirement benefits withheld despite PAG (A&E) pension sanction proceedings dated 12.04.2024; DCRG, commutation of pension, GPF, earned leave encashment; Articles 14, 16, 300-A invoked; Government Pleader cites dearth of funds; disposed at admission stage with consent; release directed within 8 weeks; no costs; miscellaneous petitions closed.

What did the court decide?

Respondents directed to release retirement/terminal benefits to the petitioner in pursuance of Proceedings No. AG(A&E)/P18/I/P-89/SP121/2024-021171, dated 12.04.2024, issued by respondent No. 3, as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions, if any, closed. ¶36

K.Padma 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' failure to make payment of terminal benefits to the petitioner in pursuance of the 3rd respondent's proceedings dated 12.04.2024, following retirement on 31.05.2024, is illegal, arbitrary and discriminatory, violating Articles 14, 16 and 300-A of the Constitution. +1 more

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Court's answer

With the consent of the parties, the writ petition was taken up and disposed of at the admission stage itself: the respondents were directed to release retirement benefits to the petitioner in pursuance of Proceedings No. AG(A&E)/P18/I/P-89/SP121/2024-021171, dated 12.04.2024, issued by respondent No. 3.

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Ratio / Principle

The release of retirement benefits was to be made as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of the order; there shall be no order as to costs; and miscellaneous petitions pending, if any, shall stand closed.

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Detailed headnote1 paragraphs

W.P. No. 2590 of 2025 (High Court for the State of Telangana at Hyderabad, Namavarapu Rajeshwar Rao, J., 30-01-2025): Petitioner K. Padma, a retired CHO who retired from service on 31.05.2024, sought a mandamus under Article 226 directing release of terminal benefits — Death-cum-Retirement Gratuity, Commutation of Pension, General Provident Fund amount, and encashment of Earned Leave — sanctioned by respondent No. 3 (Principal Accountant General (A & E), Telangana) vide proceedings dated 12.04.2024, contending that the non-payment was illegal, arbitrary and discriminatory, violating Articles 14, 16 and 300-A of the Constitution. Learned Government Pleader attributed the non-release to dearth of funds and undertook that the amounts would be released in pursuance of the proceedings dated 12.04.2024. With the consent of the parties, the Court disposed of the writ petition at the admission stage itself, directing the respondents to release the retirement benefits in pursuance of those proceedings as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions pending, if any, stood closed.

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[³³⁰⁴ ]

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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THURSDAY, THE THIRTIETH^{DAY OF JANUARY} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{NAMAVARAPURAJESHWAR RAO}

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WRIT PETITION NO:²⁵

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Between:

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K.Padma, W/o. T.Devender^{Reddy, Age 61 years,Occ' RetireQ CHO, F/o} H.f.fo.f+-olS-tle, Plot^{No.3, -B.N.ReddyColony,Mahabubnagar,} Mahabubnagar District.

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...PETITIONER

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AND

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1 The State of Telangana.^{Rep. by its Princrpal Secretaryto Government'} FinanceDepartment.Dr.B.R.AmbedkarTelanganaStateSecretarlat, Hyderabad

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2 The Director, PH &^FW Telangana^{State, Hyderbad}

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a The Principal Accountant General,^{(A & E), Telangana,Hyderabad}

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4 The Director of Treasuries and^{Accounts, Telangana,Hyderabad} The Deputy Director of Treasuries,^{Ranga Reddy, Ranga Reddy District'}

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,..RESPONDENTS

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Petition under Article^{226 of lhe constitution of lndia prayingthat in the} circumstances stated in^{the affidavit filedtherewith,the High court may be} pleased to issue a writ order or direction^{especiallyone in the nature of writ of} Mandamus declaring that,

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a) the action of the^{Respondentsin not making paymentof terminal benefitsto} the Petitioner in^{pursuanceof letter/ proceedings issued by the 3rd Respondent} inLr.No.PAG(A&EyP18/llP-8glsP121l2o24-o21171,dated.12.o4.2024is illegal, arbitrary and^{discriminatory, violatingArticle 14,'1 6 and 300-Aof the} Constitution of lndia

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b) further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Death-cum-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 .05.2024 and the proceedings in Lr.No.PAG(A & EyplB/l/pBglSP12112024-021171 , dated 12.04,2024 of the 3rd Respondent

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c) the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement.

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IA NO: 1 OF 2025

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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.PAG(A & E)lP18lUp-B9lsp121l2O24O21171, dated 12.04.2024 of the 3rd Respondent including payment of General Provident Fund amount and encashment of Earned Leave and Earned Leave amount, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJU

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Counsel for the Respondent No.1, 2, 4 & 5: GP FOR SERVICES-lll

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Counsel for the Respondent No.3: SRI K.BALA KRISHNA, SC FOR AG

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The Court made the following: ORDER

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THE HON'BLE SRI^{JUSTICE NAMAVARAPU RAJESHWARRAO} WRIT PETITION No.259O OF 2o25

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o R D E R

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With the consent of^{the parties, this Writ Petition is taken up} for ciisposal, at the^{stage of admission itself.}

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2, Heard Sri Srinivasa Rao^{Madiraju, learned counsel for the} petitioner; learned Government^{Pleader forServices-Illfor} respondent Nos. 1,2 and 4 to^{5 and Sri K.Bala Krishna, learned} Standing Counsei for^{Accountant Gencral,for respondentNo.3.}

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Learned counsel for the petitioner^{submitsthat the petitioner} was retired from service on^{31.O5'2024. Consideringthe pension} proposals, respondent No.3 sanctioned^{pension to the petitioner} uide proceedings, dated^{12.O4 .2024} .^{I-iowever,ti1l now, his} rctirement benefits were not released^{by the respondents.}

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4, Learned Government Pleader^{submitsthat due to dearthof} funds, the amounts could not^{be released to the petitioner, on} time. However, in pursuance of^{proceedings,dated 12.04.2024,} 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 respondents torelease} retirement benefits to^{the petitioner in pursuance of proceedings} No.AG(A&E)/P18/I/P-89/^{SP t2t} /2o24-o2I17^{t,datedI2'o4'2024,}

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RRA/,J wp_259O_2O2s

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issued by respondent No.3, as expeditiously as possible, preferably within a period of eight (B) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shal1 stand closed.

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//TRUE COPYII

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SD/- A. SIIINIVASA REDDY ASSIST T EGISTRAR

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To,

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S TION OFFICER

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The Princroal Secretary to Government, Dr.B.R.Ambe'dkar Telangana State Secretariat, Finance Hyderabad, Department.State of Telangana.

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The Director, pH and FW Telangana State, Hyderbad

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The Principal Accountant General, (A & E), Telangana, Hyderabad

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The Director of Treasuries and Accounts, Telangana, Hyderabad

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The Deputy Director of Treasuries, Ranga Reddy, Ranga Reddy District

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One CC to SRt SR|N|VASA RAO I\IAD|RAJU, Advocate tOpUCl

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One CC to SRI K.BALA KRISHNA, SC FOR AG [OPUC] t l}.""Pr?li"r35rio* sERVICES-|ll, High court ror the state or reransana ar o Two CD Copies BSR GJP 4- cY

HIGH COURT

DATED: 3010112025

ORDER

WP.No.2590 o't 2025

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DISPOSING OF THE WRIT PETITION