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

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

What the court decided

AI extract

Outcome

Respondents directed to release the petitioner's admitted pending retirement benefit payments — ZP GPF Rs.5,97,594/- (Cheque/STO Token No.2522446329, dated 16.08.2024), commutation Rs.16,55,634/- (STO Tokens 2516435818/2516435831, dated 29.06.2024), gratuity Rs.16,00,000/- (STO Tokens 2516435786/2516435797, dated 29.06.2024) and encashment of earned leave Rs.5,28,572/- (STO Token No.2518345678, dated 11.07.2024) — 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 interest @24 percent per annum sought in the prayer is not part of the disposal directions.

Issue for consideration

Whether respondent Nos.1 to 6's non-release of the petitioner's admitted pending retirement benefit payments (ZP GPF, commutation, gratuity, earned leave encashment) should be declared improper and the amounts released, along with interest @24 percent per annum as sought in the prayer.

Court's answer

Having regard to the submissions, the writ petition is disposed of directing the respondents to release the petitioner's admitted pending retirement benefit payments (ZP GPF, commutation, gratuity, earned leave encashment).

Ratio / Principle

The release is to be effected as expeditiously as possible, preferably within eight (8) weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Justice Namavarapu Rajeshwar Rao, 13.02.2025), Writ Petition No.4216 of 2025, disposed at the admission stage with the consent of both parties. Petitioner M.Bhasker, a retired SGT who retired on 31.05.2024, sought a writ of mandamus (Article 226) against respondent Nos.1–6 (Finance and School Education Departments, Director/District/Sub Treasury Officers, Sanga Reddy, and the Gazetted Head Master, Z.P.H.S Boys) for non-release of his admitted pending retirement dues — ZP GPF Rs.5,97,594/-, commutation Rs.16,55,634/-, gratuity Rs.16,00,000/- and earned leave encashment Rs.5,28,572/- — with interest @24 percent per annum; an IA No.1 of 2025 was filed under Section 151 CPC. The Government Pleader submitted that the bills were already processed and delay was due to dearth of funds, with release to follow the seriatim of token numbers. The Court disposed of the petition directing release of the four amounts as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; there shall be no order as to costs and pending miscellaneous petitions stand closed. The interest @24 percent per annum featured in the prayer clauses but forms no part of the disposal directions.

[³³⁰⁴ ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOUR^ABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 4216 OF 2025

Between:

M.Bhasker, Sio M.Gouraiah, Aged about 62 years, Occ. Retd SGT, R/o H.No.4-7-0D00061N1, Pragathinagar Colony, Road No.9, ODF Colony, Sanga Reddy Dist, T.G

...PETITIONER

AND

The State Of Telangana, Rep. by it Spl. Chief Secretary to Govemment, Finance Department, Dr. B.R.Ambedkar, Hyderabad.

The State of Telangana, Rep. by its Principal Secretary, School Education Department, Dr. B.R.Ambedkar, Telangana Secretariat, Hyderabad.

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

The District Treasury Officer, Sanga Reddy, Sanga Reddy District.

The Sub Treasury Officer, Sanga Reddy, Sanga Reddy District.

The Gazetted Head Master, Z.P.H.S Boys Sanga Reddy, Sanga Reddy Mandal' Sanga Reddy Dist.

...RES'.NDENT'

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 to 6 in not releasing admitted Pending Final payment of ZP GPF Bill amount of Rs. 5,97,5941- vide Cheque/ STO Token No.2522446329, dated 1610812024, Commutation Bill Amount of Rs. 1655634/- STO Token No.251643581812516435831, dated 2910612024, Gratuity Amount 16,00,000i- STO Token No. 251643578612516435797, dale 2910612024 and Encashment of Earned Leave Amount of Rs.5,28,5721 STO Token No. 25183456781, dated 111O712024 along with interest @24 percent per annum.

7

lA NO: 1 OF 202s

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 pass an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 to 6 in not releasing admitted Pending Final payment of ZP GPF Bill amount of Rs. 5,97,594/- vide Cheque/ STO Token No.2522446329, dated 1610812024, Commutation Bill Amount of Rs. 1655634/- STO Token No 251643581812516435831, dated 291OG12024, Gratuity Amount 16,00,000/- STO Token No. 251643578012516435797, date 2910612024 and Encashment of Earned Leave Amount of Rs.5,28,5721- STO Token No. 25183456781-, daled 1110712024 along with interest @24 percent per annum.

Counsel for the Petitioner: SRI NAMBI KRISHNA Counsel for the Respondent Nos.1,3 TO 5: GP FOR SERVICES lll Counsel forthe Respondent Nos.2 & 6: GP FOR SERVICES-I

The Court made the following: ORDER

I /

THE HON'BLE SRI JUSTICE NAMAVARAPU^RAJESHWARRAO

WRIT PETITION No.4216 OF 2025

ORDER

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

Heard Mr. Nambi Krishna, learned counsel for the^petitioner, learned Government Pleader for Services-III for respondent Nos.1, 3 to 5 and learned Government Pleader for Services-I for respondent Nos.2 and 6.

Learned counsel for the petitioner submits that the petitioner retired from service on 31.05.2024 and till now, his retirement benefits were not released by the respondents

4, 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^willbe released to the beneficiaries.

Having regard to the above submissions, this Writ^{petition is} disposed of directing the respondents to release admitted^Pending Final payment of ZP GPF Bill amount of Rs.5.97,594/- vtde

q

Cheque/STO Token Na.2522446329,^{dated16.08.2024,} Commutation Bill Amount of^{Rs.16,55,6341- vide STOToken} No.25164358 1.8/2516435831,^{dated 29.06.2024, GratuityAmount} of Rs.16,00,000/- vide^{STO Token No.2516435786/25t6435797,} dated 29.06.2024 and^{Encashment of Earned LeaveAmount of} Rs.5,28,572/- vide STO^{Token No,2518345678,dated tL.07.2024,} pertaining to the petitioner, as expeditiously^{as possible, preferably} within a^period of eight^{(B) weeksfrom the date of receipt of a copy} of this order. There shall be^{no order as to costs.}

Miscellaneous^{petrtions pending, if any, shallstandclosed}

SD/.T.TIRUMALA DEVI ASS TANT REGISTRAR

//TRUE COPY//

S FICER

To

\

'l . The Spl. Chief Secretary to Govemment, Finance Department, Dr. B.R.Ambedkar, Hyderabad, State Of Telangana.

The Pdncipal Secietary, School Education^{Department, Dr. B.R.Ambedkar,} Telangana Secretariat, Hyderabad, State of Telangana.

The Director of Treasuries and Accounts,^{lnsurance Building, Abids,} Hyderabad.

The District Treasury Officer, Sanga Reddy, Sanga^{Reddy District.}

The Sub Treasury Of1icer, Sanga Reddy, Sanga^{Reddy District.}

The Gazetted Head Master, Z.P.H.S Boys Sanga^{Reddy, Sanga Reddy} Mandal, Sanga Reddy Dist.

One CC to SRI NAMBI KRISHNA, Advocate [OPUC]

Two CCs to GP FOR SERVICES-I||, High Court^{for the State of Telangana,at} Hyderabad [OUT]

Trivo CCs to GP FOR SERVICES-I, High Court for^{the State of Telangana, at} Hyderabad [OUTI

Two CD Copies

PSK.

GJP s

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HIGH COURT

DATE D: 1 310212025

ORDER

WP.No.4216 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6s-"&