Disposed¶39

Sameena Parveen v. The State of Telangana

Telangana HC4 Feb 2025WP/3056/2025

Case brief

AI extract

What is this about?

Terminal benefits; retirement benefits; Death-cum-Retirement Gratuity; commutation of pension; General Provident Fund; encashment of earned leave; superannuation 31.07.2024; pension sanction Letter dated 20.08.2024; dearth of funds; withholding of dues after retirement; writ of mandamus; Article 226; Articles 14, 16, 300-A; Section 151 CPC; Telangana; Commissioner of School Education; Principal Accountant General (A and E); treasuries; ten-week compliance timeline; disposed at admission stage with consent; no costs.

What did the court decide?

Direction to the respondents to release the petitioner's retirement/terminal benefits in pursuance of the Letter dated 20.08.2024 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.

Sameena Parveen Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

¶39

Issue for consideration

Whether the respondents were obliged to release the petitioner's terminal/retirement benefits (including Death-cum-Retirement Gratuity, Commutation of Pension, General Provident Fund amount and Encashment of Earned Leave) in pursuance of the pension sanction Letter dated 20.08.2024 of respondent No.3, notwithstanding the plea of dearth of funds.

¶21

Court's answer

With the consent of both parties, the writ petition was disposed of at the admission stage, directing the respondents to release the petitioner's retirement benefits in pursuance of the Letter dated 20.08.2024 issued by respondent No.3, as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of the order.

¶41

Ratio / Principle

There shall be no order as to costs, and miscellaneous petitions pending, if any, shall stand closed.

¶43

Detailed headnote1 paragraphs

Telangana High Court (Special Original Jurisdiction), Namavarapu Rajeshwar Rao, J., WP No. 3056 of 2025, decided 04.02.2025. The petitioner, a retired school employee who superannuated on 31.07.2024, was sanctioned pension by respondent No.3 (Principal Accountant General (A and E)) vide Letter dated 20.08.2024, but her terminal benefits — Death-cum-Retirement Gratuity, Commutation of Pension, General Provident Fund amount and Encashment of Earned Leave — were not released. The Government Pleaders attributed the delay to dearth of funds and undertook to release the amounts in pursuance of the said Letter. Disposing of the writ petition at the admission stage with the consent of parties (filed under Article 226 seeking a writ of mandamus, alleging violation of Articles 14, 16 and 300-A), the Court directed the respondents to release the retirement benefits in pursuance of the Letter dated 20.08.2024 as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order, with no order as to costs; pending miscellaneous petitions stood closed.

¶1

¶2

[³³⁰⁴ ]

¶3

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

¶4

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

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

¶7

WRIT PETITION NO: 3056 oF 202s

¶8

Between:

¶9

Qqqeela^{Parveen,Wo: Mohd AbdulHadi,aged about 62 years, Occ.Rtd} SGT, Government School Shanthinagar, Urdu-Medium, Nizahabad, Mandal Nizamabad North, District Nizamabad Rl/o H. No.9-1 9-62185. Near Water Tank, Malapally, Nizamabad

¶10

...PETITIONER

¶11

AND

¶12

1 The State of Telangana, Eep. by its Spl. Chief Secretary to Government, Finance Department, Dr.B.R.Ambedkar Telangana Sec'Gtariat, Hyderab'ad.

¶13

I The Commissioner of School Education, Telangana, Hyderabad.

¶14

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

¶15

4 The Director of Treasuries and Accounts, Telangana, Hyderabad.

¶16

5 The Deputy Director of Treasuries, District Treasury Office, Nizambaad, Nizamabad District 503001

¶17

6 The District Educational Officer, Nizamabad, Nizamabad District.

¶18

,.,RESPONDENTS

¶19

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that

¶20

a) the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letter/proceedings issued by the 3d Respondent in Lr.No. AG (A and E)lPlTllVlS-51315P308t2024O06t1721 DT.208.2024 is illegal, arbitrary and discriminatory, violating Articte^'14, 16 and 300-4 of the Constitution of lndia.

¶21

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 Encashment of Earned Leave and other benefits in pursuance of his retirement dated.31 .7.2024 and the proceedings in Lr.No. AG (A and EyP17llV/S-513iSP308/20240O011721 DT.20.8.2024 of the 3rd Respondent.

¶22

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

¶23

lA NO: 1 OF 2025

¶24

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. AG (A and E)lPlT llVlS513/SP308/202400611721 DT.20.8.2024 of the 3rd respondent including payment of General Provident Fund Amounts of Final Payment and Encashment of Earned leave, pending disposal of the writ petition.

¶25

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

¶26

Counsel for the Respondent Nos.1,3,4 and 5: GP FOR SERVICEs-lll

¶27

Counsel forthe Respondent No.2 and 6: GP FOR SERVICES-I

¶28

The Court made the following: ORDER

I I

I t

THE HON,BLE SRI JUSTICE^{NAMAVARAPU RAJESHWARRAO}

¶33

WRIT PETITION NO.3O56^{OF 2025}

¶34

ORDER

¶35

With the Fonsent of both^{the parties,this Writ Petitionis taken} up for disposal, at the admission^stage.

¶36

Heard Mr. Vonjari Raja^{Shekar Reddy, learned counsel for the} petitioner, learned Government^{Pleader forServices-III for} respondent Nos.1, 3,^{4 and 5 and learnedGovernment Pleader for} Services-I for respondent^{Nos.2and 6.}

¶37

Learned counsel for the^{petitioner submits tnat tne petitioner} retired from service on 3l'07.2024.^{Considering the pension} proposals, respondent No.3 sanctioned^{pensionto the petitioner} vide Letter dated^{20.08.2024.However,till now, her retirement} benefits were not^{released by the respondents.}

¶38

Learned Government^{Pleadersubmits that due to dearthof} funds, the amounts could^{not be releasedto the petitioner,on time'} However, in^pursuance of^{Letter, dated20.08.2024, amountswill be} released to the beneFicia^ries'

¶39

Having regard to the above^{made submissions,this Writ} petition is disposed of directing the^{respondentstorelease} retirement benefits to^{thepetitionerinpursuanceof}

¶40

Letter No.AG(A&E)/PlTllvlS-513/SP3OB/2O24-06/772L^dated

¶41

20.08.2024, issued by respondent^{No.3, as expeditiously as} possible, preFerably within a^period of ten^{(10) weeks from the date} of receipt of a^copy of^{this order. There shallbe no order as to}

¶42

COSTS

¶43

Miscellaneous^{petitionspending, if any, shall standclosed.}

¶44

SD/. A. SRINIVASA REDDY ASSI RAR

¶45

//TRUE COPY//

¶46

CER

¶47

To,