Mandapally Mallesh Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Mandapally Mallesh Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed at admission stage (with consent of both parties) directing the respondents to release the petitioner's retirement benefits pursuant to the sanction Letter dated 06.05.2024 issued by respondent No.3, expeditiously and preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the respondents' non-payment of the petitioner's terminal benefits pursuant to the 3rd respondent's letter dated 06.05.2024 was illegal/arbitrary/discriminatory, whether all terminal benefit components (DCRG, commutation, GPF, encashment of earned leave) must be released following retirement on 30.04.2024, and whether the respondents have any right to withhold such post-retirement dues.

Court's answer

Having regard to the parties' submissions, the writ petition was disposed of with a direction to the respondents to release the petitioner's retirement benefits.

Ratio / Principle

The release was directed specifically in pursuance of Letter No.PAG(A&E)/PI-B/IIIM-22/SP30/2024-04/426 dated 06.05.2024 issued by respondent No.3, expeditiously.

Key takeaways

The release was to be made preferably within a period of ten (10) weeks from the date of receipt of a copy of the order.ratio¶45
There shall be no order as to costs; pending miscellaneous petitions, if any, stand closed (closing line at para 46: "if any, shall stand closed").ratio¶45

Detailed headnote1 paragraphs

Writ Petition No. 3030 of 2025, High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), disposed on 04.02.2025 by Justice Namavarapu Rajeshwar Rao (single-member bench). A retired MPDO (aged about 62, Nizamabad) prayed in aid of Article 226 for a writ of mandamus declaring illegal, arbitrary and discriminatory the respondents' failure to pay his terminal benefits pursuant to the 3rd respondent's letter dated 06.05.2024 (Principal Accountant General (A&E)), praying release of death-cum-retirement gratuity, commutation of pension, General Provident Fund amount and encashment of earned leave flowing from retirement dated 30.04.2024, alleging violation of Article 14, 16 and 300-4 [sic, as printed] of the Constitution, and asserting the respondents had no right/power to withhold terminal benefits after retirement; an interim plea under Section 151 CPC sought release of GPF final/part-final payment and earned-leave encashment pending disposal. The Government Pleader submitted the amounts could not be released on time "due to dearth of funds" but would be released in pursuance of the letter dated 06.05.2024. Taking the petition up for disposal at the admission stage with the consent of both parties, the Court disposed of the writ directing the respondents to release retirement benefits in pursuance of Letter dated 06.05.2024 issued by respondent No.3, as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; pending miscellaneous petitions closed.

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

TUESDAY, THE FOURTH DAY OF FEBRUARY TWO IHOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 3030 OF 2025

Between:

It/andapally Mallesh, S/o: IVI. Rajaiah, aged about 62 years, Occ. Retired MPDO, MPP Mugpal, Mugpal Mandal, Nizamabad District, Telangana State Rl/o Vasanthnager Colony, Opp- KCR Colony Kaman, Collectrate Bye-pass Road, Nizamabad

...PETITIONER

AND

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

The Director, Panchayat Raj and Rurla Employment, Urdu Hall Lane, Himayathnagaer, Hyderabad

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

The Director of Treasuries and Accounts, Telangana, Hyderabad t District Treasury Office, Nizambaad, Nizamabad District 503001

The Chief Execulive officer, Zilla Praja Parishad, Nizamabad, Nizamabad District

...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order direction more particularly 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/proceed ings issued by the 3rd Respondent in Lr.No. PAG(A and E)lPlSlllllM-2215P3012024-041426 dt.61512024 is illegal,

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arbitrary and discriminatory, violating Article 14,^{16 and 300-4 of the Constitution} of lndia

b) Further declare that, the Respondents shall forthwith^{release all terminal} benefits payment to the Petitioner including^{Death-cum-Retirement, Gratuity,} Commutation of Pension, General^provident Fund amount^{and Encashmentof} Earned Leave and other benefits in^pursuance of his^{retiremenl daled.30.4.2024} and the^proceedings in Lr.No. PAG(A and E)lPl9llllll'A-2215P3012024-041426 dl.6l5l2o24 of the 3rd Respondent.

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

lA NO: 1 OF 2025

Petition under Section 15'l CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^may be^{pleased to direct} the Respondents to forthwith release all the terminal beneJits^payable to the Petitioner in pursuance of the Lr.No. PAG(A and E)lP18lllllMl-22lSP3Ol2O24041426 dt.61512024 of the 3rd respondent inducing^payment of General^Provicent Fund Amounts of Part Final and Final Payment and Encashment of Earned leave, pending disposal of the writ petition.

Counsel for the Petitioner: SRI VONJARI RAJA SHEKAR REDDY VENKAT RAM REDDY

Counsel for the Respondent Nos.1, 3 to 5: GP FOR SERVICES-Ill

Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ

Counsel for the Respondent No.6: SRI KISHORE RAO, SC FOR ZILLA PRAJA PARISHAD

The Court made the following: ORDER

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THE HON'BI-E SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT P ON No.3 o30 oF 2025

ORDER:

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

Heard Mr. Vonjari Raja Shekar Reddy, learned counsel for the petitioner, lerirned Government pleader for Services-III for respondent Nos.1, 3 to 5, Iearned Government pleader for Panchayat Raj, for respondent No.2 and Mr. Kishore Rao, learned Standing Counsel fot Zilla^{praja parishad,} for respopdent No.6.

Learned counsel for the petitioner submits that the petitioner retired from service on 30.04.2024. Considering the pension ..proposals, respondent I[o.3 sanctioned pension to the petitioner vide Letter dated 06.05.2024. However,, till now, his retirement benefits were not released by the respondents.

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 06.05.2024, amounts will be released to the beneficia ries.

Having regard to the above made submissions, this Writ petition is disposed of directing the respondents to release

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retirement benefits to the^petitioner in^pursuanceof Letter No.PAG(A&E)/P]-BlltllM-22/SP3O/2024-04/426^dated 06.05.2024, issued by respondent^No.3, as^{expeditiouslyas} possible, preferably within a^period of ten⁽¹⁰⁾ weeks from the date of receipt of a copy of this order.^{There shall be no order as to} costs.

Miscellaneous^{petitions pending,} if any, shall stand closed.

SD/. A. SRINIVASA^REDDY ASSIST4NIT^REGISTRAR /ffRUE coPY// ,$h;;rr".

To, 1 . The Spl.^{Chief Secretary to Govemment' Finance.Department'} ' il.'B:dffi;"or.r|. t"iatigini Secretariat' The State of^Telansana' Hvderabad.

, it;"Dir;br,^{Panchayat Raj and RurlaEmployment'UrduHall Lane'} HimaYathnagaer,^HYderabad -

The Principal^{AccountaniGJneral(AandE).,} -^{Telangana' Hyderabad} ;. +ii; bi;;;ff^{ot lieasuries-JoACiounts,ielansana' Hv9glqb^a.d} -r'r-zimoaaa, Nizimabad District 50300I

i oiljt-i"iiiirslry^office,

fnii Enili ei""ltr"^{oni"l,i?ii' Fiiii Fiiiihad' Nizamabad'Nizamabad} District

District

?. 6;;'C'C^{to Sri Vonjari Raja ShekarReddyVenkat Ram Reddy'Advocate} IOPUCI

IOPUCI

e. i"Jo"C"C, to^{GP for Services-lll,High Court for the State of Telangana' at} Hvderabad [OUT]

Hvderabad [OUT]

s ij'":,"cc i;5;-t<i3r,or"^{Rao, SC for zitta Prajl ParishadloPucl} -^' io.i,Ll" d6 i; iii"^{cpi"i i;fth'tiinui, ubn'courtfor the stateof relansana'} at Hyderabad[OUT]

11.Two CD^CoPies

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HIGH COURT

DATED:0410212025

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ORDER

WP.No.3030 of²⁰²⁵

DISPOSING OF^{THE WRIT PETITION}

WITHOUT COSTS

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