M.Jayasree Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

M.Jayasree Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage with a direction to the respondents to release and pay the retirement benefits — Gratuity (TS and CS) Rs.16,00,000/-, Commutation (TS and CS) Rs.24,11,391/-, Final Encashment of Leaves/HPL Rs.10,63,609/- and GPF final payment Rs.18,59,861/- — as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; no order as to costs; pending miscellaneous petitions closed. The prayer for interest @ 24% per annum finds no reflection in the operative direction.

Issue for consideration

Whether the respondents' failure to release and pay the petitioner's retirement benefits — Gratuity (TS and CS) of Rs.16,00,000/-, Commutation (TS and CS) of Rs.24,11,391/-, Final Encashment of Leaves/HPL of Rs.10,63,609/- and General Provident Fund final payment of Rs.18,59,861/- — was illegal and arbitrary, and whether the respondents should be directed to pay them (with interest @ 24% per annum as prayed).

Court's answer

The writ petition is disposed of directing the respondents to release and pay the petitioner's Gratuity (TS and CS) of Rs.16,00,000/-, Commutation (TS and CS) of Rs.24,11,391/-, Final Encashment of Leaves/HPL of Rs.10,63,609/- (Token No. 2522478113, dated 02.08.2024) and General Provident Fund final payment of Rs.18,59,861/- (Token No. 2522603703, dated 06.09.2024), pertaining to the petitioner.

Ratio / Principle

The retirement benefits are to be released and paid as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of the order.

Key takeaways

There shall be no order as to costs.ratio¶35
Miscellaneous petitions pending, if any, shall stand closed.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (Article 226, High Court for the State of Telangana — Namavarapu Rajeshwar Rao, J.) filed by a retired School Assistant (Telugu) whose pensionary dues were unpaid despite bills having been processed: HELD, taking up the petition for disposal at the admission stage with the consent of both parties, the Court directed the respondents to release and pay Gratuity (TS and CS) of Rs.16,00,000/-, Commutation (TS and CS) of Rs.24,11,391/-, Final Encashment of Leaves/HPL of Rs.10,63,609/- (Token No. 2522478113, dated 02.08.2024) and General Provident Fund final payment of Rs.18,59,861/- (Token No. 2522603703, dated 06.09.2024), pertaining to the petitioner, as expeditiously as possible, preferably within eight (8) weeks from the date of receipt of a copy of the order; no order as to costs; pending miscellaneous petitions closed. The Government Pleader had attributed the delay to dearth of funds; the prayer for interest @ 24% per annum was not reflected in the operative direction.

[³³⁰⁴ ]

\

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

MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 3628 OF 2025

Between:

M.Jayasree, W/o. M.Satish Reddy, age 61 years, Rtd. School Assistant (Telugu), Govt. Basic Practicing High School, Mahaboobnagar Rlo. H.No. B-6-237|F, Padmavathi Colony, Mahabobnagar 50900'l .

...PETITIONER

AND

1 The State of Telangana, rept. by its Spl.Chief Secretary, Finance and Planning Department, Secretariat, Hyderabad.

2 The Director of Treasuries and Accounts, Insurance Building, Abids, Hyderabad.

3 The District Treasury Officer, Mahaboobnagar, Mahaboobnagar District

4 The Sub-Treasury Officer, Mahaboobnagar, Mahaboobnagar District.

5 The District Educational Officer, Mahaboobnagar, Mahaboobnagar 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 an order or direction or writ, more particularly one in the nature of Writ of Mandamus, declare the impugned action of the respondents in not releasing and paying Gratuity (TS andCS) amount of Rs. 16,00,000/-, Commutation (TS and CS) amount of Rs.24,1 1,3911-, Final Encashment of Leaves/HPL of Rs.^'10,63,6091 with Token No. 2522478113, dt2.8.2C24, General Provident Fund final payment of Rs. 18,59,861/- with Token No. 2522603703, dt 6.9.2024, is illegal,arbitrary, unfair, unjust, discrimination, apart from violation of all the Statutory Rules and Constitutional provisions and consequently direct the respondents to release and pay the Gratuity (TS andCS) amount of Rs.

16,00,000/-, Commutation (TS and CS) amount of Rs.24,1'1 ,391/-, Final Encashment of Leaves/HPL of Rs. 10,63,609/- with Token No. 2522478113, dt 2.8.2024, General Provident Fund final payment of Rs. 18,59,8611 with Token No. 2522603703, dt 6.9.2024 with interest @ 24percent per annum from date of retirement to till the date of actual payment is made.

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 to release and pay the . Gratuity (TS andCS) amount of Rs.^'16,00,0001, Commutation (TS and CS) amount of Rs.24,11,391/-, Final Encashment of Leaves/HPL of Rs. 10,63,609/- with Token No. 2522478113, dt 2.8.2024, General Provident Fund final payment of Rs. 18,59,8611 with Token No. 2522603703, dt 6.9.2024 to the petitioner forthwith pending disposal of main writ petition.

Counsel for the Petitioner : SRI P.UGENDER REDDY

Counsel for the Respondents No.1to4 : GP FOR SERVICES lll

Counsel for the Respondents No.5 : GP FOR SERVICES I

The Court made the following: ORDER

THE HON,BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION o.3528 0F 2025

ORDER

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

Heard Mr. P. Ugender Reddy, learned counsel for the petitioner, learned Government Pleader for Services-III for respondent Nos.1 to 4 and learned Government Pleader for \ 1 Services-I for respondent No.5.

Learned counsel for the petltioner submits that the petitioner retired from service on 30.06.2024 and till now, her retirement beneFits were not released by the respondents.

, I

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 and pay the Gratuity^(TS and CS) amount of Rs.16,00,000/-, Commutation^(TS

and CS) amount of Rs.24,11,391/, Final Encashment of Leaves/HpL of Rs. 10,63,609/- with Token No.2522478IL3, dated 02.08.2C24, General Provident Fund final payment of Rs.18,59,861/ with Token No.2522603703, dated 06.09.2024, pertaining to the petitioner, 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.

Miscellaneous petitions pending, if any, shall stand closed.

To,

SD/.MOHD. ISMAIL rqrANT REGISTRAR ,TRUE COPY// ^J' ISECTION OFFICER

The Spl.Chief Secretary, Finance and planning Department, State of I elangana, Secretariat, Hyderabad.

I t

The Director of Treasuries and Accounts, Insurance Building, Abids, Hyderabad.

The District Treasury Officer, Mahaboobnagar, Mahaboobnagar District 4. The Sub-Treasury Officer, Mahaboobnagar, Mahaboobnagar District. E The District Educational officer, Mahaboobnagar, Mahaboobnagar District. 6. One CC to SRI P.UGENDER REDDY, Advocate. tOpUCl

Two CCs to GP FOR SERVICES lll, High Court for the State of Tetangana. touTl

Two CCs to GP FOR SERVICES l, High Court for the State of Telangana. touTl

Two CD Copies.

BSK

6 BS

HIGH COURT

DATED:101A212025

ORDER

1 tit I e
( Q.(
e
5
o 2 0 tEB 20fr
t>s " ^, -.,,,'";l

WP.No.3628 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

6ror-'

,)9 d^$