Disposed

Mohmmed Abdul Qayyum Ansari v. The State of Telangana

Telangana HC18 Feb 2025WP/390/2025

Case brief

AI extract

What is this about?

Attender at the Telangana State Minorities Commission sought payment of unpaid salary from 08.05.2023. The court held no mandamus could issue since the petitioner had not made any representation to the respondents. The writ petition was disposed of directing the petitioner to make a representation and the respondents to consider it in accordance with law within one week thereafter.

What did the court decide?

Petitioner permitted to make representation to respondents 2-5; respondents to consider it in accordance with law and pass orders within one week.

Mohmmed Abdul Qayyum Ansari Vs The State… — Pension and Retirement Benefits | Telangana HC (2025)

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432521

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

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

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 90 0F 20 5

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Between:

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Mohmmed Abdul Qayyum Ansari, S/o, Ahmed Mohiuddin Ansari, Aged - 63 Years,^{Occ- Attendeis} of^TSMC,R/q H.No^10-5-411211, Ahmed Najar, Opp Quddarlsia Masjid, Masab Tarik, Asif Nagar, Hyderabad, Telanganadooo2Q.'

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,,,FErlTlofiEn

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ANO

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1 The State of Telangana, Rep by Prl Secretary to Government GAD Telangana State At Dr BR Ambedkar Secretariat, Hyderabad

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2 The^{Chairman, Telangana} State^{Minqrities Commission,} HMWSSB, Rear Block, 4th Floor, Khairtabad, Hyderabad, TS.

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3 If,g^pl Qeqqta-v !o^{Gove-rnmenl, Minorities welfareDepartrnent relangana} Stata At Dr Bft AmQedkar Segreiariat, Hyderabad.

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4 The Chief 9egretqry^{to Government, Tefangana} State At^Dr QR Ambedtg $ecretrait,^Hyderaba.d

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The Prl Secrgtary to Government, Finance Department Telangana State At Dr BR Ambedkar Secretariaf , Hyderabad

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...REOPONDENTq

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Petition undgr A(iqle 226^qt the Constitution of lndia praytng thrl in thE circumg(anceg statqd in the affidavit filed thereWith, the High Court fnay be pleased to issue a Writ order or direction and more particularly one ln the nature of writ of Mandamus declaring the action of Respondent No.2 to 5 pay thq unpgid salary of the Petitioner from dated 08-05-2023 till dated 30-11-2024 is arbitrary, illegal and u n constitutional and consequently direct remit the unpaid Salaries of the Petitioner stating from 08-05-2023 to till dated to the credit of Respondent No.4 Authority and with a further direction to Respondent No.4 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent No.2 Authority.

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ilI

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lA NO: 1 OF 2025

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Petition under Seclion^-15'l CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, thg High Court may be^pleased to pass interim direction by directing Respondent No.2 to 5 pay the unpaid palary gf the Petitioner^{from dated08-05-2023} till^{dated3O-11-2Q24} and^peQding disposal qf the above writ petition

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Qsqnsel^{for the Petitioner: SRI SUBRAMANYAMpARABOINA}

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Counsgl for tfie Respondent No.1 & 4; GP FOR GENERAL ADMINISTRATION

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9ounsel^{for the Respondent} No.2 &^{3l AQP} FPR QOCIAL^VTIELFARE

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Cgqnsel for the Respondent No.S: GP FOR FINANCE E PLANNING

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The^{Cqqrtmadethe following: ORDEB}

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION No.390 OF 2025

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ORDER:

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Heard Sri Subramanyam Daraboina, learned counsel appearing on behalf of the petitioner, learned Government Pleader for General Administration appearing on behalf of respondent No.1, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respontlent Nos.2 and 3 and learned Government Pleader for Finance and Planning appearing on behalf of respondent No.5.

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The petitioner approached the Court seeking prayer as under:

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"...to issue a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of Respondent No.2 in not paying the unpaid salary of the Petitioner from dated 08-052023 till dated 30-11-2024 is arbitrary, illegal and unconstitutional and consequently direct to remit the unpaid salaries of the petitioner stating from 0B-052023 to till date to the credit of Respondent No.2 Authority and with a further direction to Respondent No. 2 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent Nos.3 to 5 Authority and to pass...".

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SN, J wP 390 2025

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The case oF the petitioner, in brief, is that the petitioner had been appointed as Attender to the Chairman, Telangana State Minorities Commission on 08.05.2023. The Chairman and staff of the Commission are not paid their monthly salaries from L1.12.2023. The Telangana State Minorities Commission Act, 1998 and Regulations 2000 mandates the State Government to provide the required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient budget for the functioning of Telangana State Minorities Commission.

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The Chairman, Telangana State Minorities Commission had represented in respect of the petitioner and other working staff of the 2''d respondent commission and also approached this Court by filing W.P. No. 536 of 2025 seeking a direction to consider the petitioner's representations dated 18.10.2023 and 27.L2.2023 for release of the salary of the petitioner thereunder in W.P. No. 536 of 2025 and also submitted the representations for release of salaries along with arrears for the working staff of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 vide order dated 07.0I.2025, directing the respondent Nos.2 to 5, thereunder to consider the

SN, J wP 390 2025

grievance of the petitioner thereunder aS put forth in the said representations.

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The petitioner herein also seeks similar reliei for release of payment of arrears due to the petitioner since the date of appointment i.e. from 08.05.2023 as Attender to the Chairman, Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month. Hence the petitioner approached this Court by filing the present writ petition.

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The learned Assistant Government pleader for Social Welfare appearing on behalf of the respondents submits that as on date the petitioner had not represented to the 2nd respondent herein and hence no writ of Mandamus can be issued as prayed for in the present writ petition. The learned counsel appearing on behalf of the petitioner submits that the petitioner may be directed to put-forth petitioner's grievance to the respondents through a representation and the respondents may be directed to consider the same in accordance to law within a reasonable period.

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SN, J wP 390 2025

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The learned Assistant Government^Pleader for Social Welfare appearing on behalf of the^respondents does^not dispute the said submission made by the learned counsel appearing on behalf of thel petitioner.

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6 Takino into co nsideration :

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(a) The facts and circumstances of the case,

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(b) The submissions made by the learned counsel

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appearing on behalf of the^petitioner and the learned Assistant Government Pleader for Social Welfare,

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had not represented as on date and put forth the grievance of the petitioner as put forth in the present writ petition seeking release of petitioner's unpaid salaries since the date of petitioner's appointment i.e from O8.O5.2023 as Attender to the Chairman, Telangana State Minorities Commission,

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(d) The order of this Court dated O7.OL.2O25 passed in W.P. No. 536 of 2O25 filed by Chairman, Telangana State Minorities Commission,

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This Court opines that no Writ of Mandamus as

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prayed for by the petitioner can be issued, since there is +?

SN, J wP 390 2025

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no inaction^{on behalf of respondeqts in considering the} grievance of the^{petitioner herein as alleged by the} petitioner, since even^{accordingto the petitioner,the} grievance of the^{petitioner had not been communicated by} the petitioner^{to the 2nd respondent herein as on date'}

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The writ^{petitionis howeverdisposedof directing} the petitioner to make^{a representationto the respondent} Nos.2 to 5 seeking^{reteaseofunpaid salariesof the} petitioner since the^{petitioner's appointment as Attender} to the Chairman,^{Telangana State Minorities Commission} i.e. from O8.O5.2O23^{and to continue to pay the salariesto} the^petitioner regularly^{within a period of one (1) week} from the date of^{receipt of a copy of this order' Upon the} petitioner making such^{representation to the respondent} Nos.2 to 5, the^{respondent Nos'2 to 5 sfrall consider the} said representation^{of the petitionerin accordance to law'} and pass aPpropriate^{orders within one (O1) week} thereafter and^{duly communicatethe decision tothe} petitioner on the said^{representation'However'there} shall be no order^{as to costs.}