Mohammed Ahmedullah Khan Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Mohammed Ahmedullah Khan Vs 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 — Rs.3,78,027 (GPF Account), Rs.4,23,709 (Leave Encashment), Rs.13,56,940 and Rs.2,43,060 (Gratuity), Rs.15,56,164 plus Rs.2,78,746 (Commutation) — as expeditiously as possible, preferably within ten (10) weeks from the date of receipt of a copy of the order; miscellaneous petitions pending, if any, stood closed; no order as to costs.

Issue for consideration

Whether the respondents' failure to release the petitioner's retirement benefits (Gratuity, GPF, Leave Encashment, Commutation) for a prolonged period despite the Accountant General, Telangana having authorized the pension and other retirement benefits, is illegal, arbitrary and violative of Articles 14, 16, 21 and 300-A of the Constitution of India. +1 more

Ratio / Principle

With consent of both parties the writ petition was taken up and disposed of at the admission stage, directing the respondents to release the petitioner's retirement benefit amounts — Rs.3,78,027 lying in his GPF Account, Rs.4,23,709 towards Leave Encashment, Rs.13,56,940 and Rs.2,43,060 towards Gratuity amount, and Rs.15,56,164 plus Rs.2,78,746 towards Commutation.

Key takeaways

The release of the retirement benefits is to be made as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of the order; there shall be no order as to costs.ratio¶35

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), Namavarapu Rajeshwar Rao, J., decided 04.02.2025 — WRIT PETITION No.3072 of 2025 (Mohammed Ahmedullah Khan v. State of Telangana and others). A retired Administrative officer (retired 30.04.2024), whose pension and retirement benefits had been authorized by the Accountant General, Telangana, sought a mandamus against the State respondents for non-release of his retirement benefits — GPF Rs.3,78,027, Leave Encashment Rs.4,23,709, Gratuity Rs.13,56,940 and Rs.2,43,060, and Commutation Rs.15,56,164 plus Rs.2,78,746 — alleging arbitrariness violative of Articles 14, 16, 21 and 300-A, and praying for interest at 8% per annum. Learned Government Pleaders for Services-III and Services (Home) submitted that the bills had been processed but payment was delayed for want of funds, releases to follow the seriatim of token numbers. With the consent of both parties the petition was taken up and disposed of at the admission stage: respondents were directed to release the enumerated amounts as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; miscellaneous petitions stood closed and there was no order as to costs. The prayer for interest was not dealt with in the operative order.

[³³⁰⁴ ]

IN THE HIGH COURT FOR THE.STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdictioni

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

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

,WRIT PETITION NO: 3072 0 F 2025

Between:

lVlohammed Ahmedullah Khan, S/o. Mohammed Kasim_Khan, Aged about 62 years, Administrative Telangana, Rl/o. officer Ftat No rRefirefl,-^{'soS, -#nar-76*#',"ilii;&1jrn} oj;.-c;ffi"'ijil,t arn B-attarion Kondapur, Cotony. Near DR. AS Rao Nagar Colony, Secunderabad-62.

...PETITIONER

AND

1 State of Telanqana. Reoresented by its Special Chief Secretary, Finance and Planning Department, Secretariat, tivo"iJordl's6ij'o)I

State of Telanoana. Reoresented by its principal Secretary, Home Department, S-ecreta riat, Hta;; b;4, boi o' oii".'' "'

The Director General of police, State of Telangana, Hyderabad.

The District Treasury Officer, Rangareddy District.

...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ, order or direction, more particurarry one in the nature of writ of Mandamus decraring the impugned action of the respondents in not rereasing the retirement benefits of the petitioners rike Gratuity, Generar provident Fund, Encashment of Eamed Leave, commutation etc., for the last over (g) months without any justification or reasonabre cause even though the Accountant Generar, Telangana has arready authorized the pension and other retirement benefits and also generating cheques by the pay and Accounts office, Hyderabad for the amounts which have to be paid to the petitioner consequent on his retirement is as illegal, arbitrary, unjust, in-human, cruel and violative of Articles 14, 16,21 and 300-4 of the constitution of India and consequenfly direct the respondents to

release the retirement benefits of the petitioner (Rs.3,78,027 lies in his GPF Account, Rs.4,23.709ltowards leave Encashment, Rs.13,56,9401^and Rs.2,43,060/{owards Gratuity amount, Rs.15,56,164/-^plus Rs.2,78,746ltowards Commutation) with interest @ B^percent per annum frcm 11512024 to the date of release of the amounts.

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 respondents tc release the retirement benefits of the^petitioners i.e. Rs.3,78,027 lies in his GPF Account, Rs.4,23,7O91- towards leave Encashment, Rs.'13,56,9401 and Rs.2,43,0601 towards Gratuity amount, Rs.'15,56,164/- plus Rs.2,78,7461- towarCs Commutation forthwith, pending disposal of the above Writ Petition.

Counsel for the Petitioner : SRI A.TIRUPATHI GOUD

Counsel for the Respondents No.1&4 : GP FOR SERVICES lll

Counsel for the Respondents No.2&3 : GP FOR SERVICES (HOME)

The Court made the following: ORDER

I t

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

ITP No-3072 F2 2

ORDER:

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

Heard Mr. A. Tirupathi Goud, learned counsel for the petitioner, learned Government Pleader for Services-Ill for respondent Nos.1 and 4 and learned Government Pleader for Services (Home) for respondent Nos.2 and 3.

*.,

Learned counsel for the petitioner submits that the petitioner retired from service on 30.04.2024 and till now, his retirement benefits were not released by the respondents.

Learned Government Pleader submits that the bills pertaining to the retirement benefits of the petitioner are already processed. However, due to dearth of funds, the amounts could not be released to the petitioner on time. Learned Government Pleader further submits that as per seriatim of the token numbers, amounts will be released to the beneficia ries.

Having regard to the above submissions, this Writ petition is disposed of directing the respondents to release the amount of Rs.3,78,027/- lies in his GPF Account, Rs.4,23,7O9/- towards leave

I

Encashment, Rs.13,56,940/- and^{Rs.2,43,060/-towards Gratuity} amount, Rs.15,56,164/' + Rs.2,78,746/-^{towardsCommutation,} pertaining to the petitioner, as expeditiously as^{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 standclosed.}

//TRUE COPY//

SD/.MOHD. ISMAIL ASSIS.TANT REGISTRAR il o OFFICER

To,

lThesoecialChiefSecretary,FinanceandPlanningDepartment,Stateof tetandana, Secretariat,^{Hyderabad' 5OO O22'}

2.ThePrincipalsecretary,HomeDepartment,StateofTelangana'Secretariat' Hyderabad,^{500 022.}

The Director^{General of Police, State of Telangana, Hyderabad'}

The District^{1-reasury Officer, Rangareddy District'}

One CC to^{SRIA.TIRUPATHI GOUD, Advocate [OPUC]}

Two 66s^{1e r3P FOR SERVICESlll, High Court for the State of Telangana'} touri

T.TwoCCsto(3PFORSERVICES(HOME),HighCourtfortheStateof Telangana. [OUT]

Two CD CoPies.

BSK

c& BS

HIGH COURT

DATED:0410212025

ORDER

$-.. STA ,i
(
(
d zz FtB'2u5 'I
{t'
* +
D;-r.s pa

WP.No.3072 of 2025

DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS

olf;*r