Tipparaveni Rajendra Prasad Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

Tipparaveni Rajendra Prasad Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Respondents directed to release and pay the petitioner's Gratuity (TS) Rs.1,25,711/-, Gratuity (CS) Rs.14,74,289/-, Commutation (CS) Rs.23,35,038/-, Commutation (TS) Rs.1,99,107/-, Encashment of Earned Leave Rs.13,26,410/- and GPF Rs.24,29,482/- as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; no order as to costs. The petitioner's request for interest at 24% per annum is not addressed in the disposing order.

Issue for consideration

Whether the respondents' failure to release and pay the petitioner's post-retirement benefits (Gratuity (TS) and (CS), Commutation (CS) and (TS), Encashment of Earned Leave and GPF out of Cheque No.2522941526 dated 18.10.2024) is illegal, arbitrary and violative of statutory rules and constitutional provisions, and whether the respondents should be directed to release and pay these amounts (with interest at 24% per annum as sought).

Court's answer

With the consent of both parties the writ petition was disposed of at the admission stage, directing the respondents to release and pay the enumerated retirement-benefit amounts of the petitioner (Gratuity (TS) Rs.1,25,711/- vide Token No.2522911206; Gratuity (CS) Rs.14,74,289/- vide Token No.2522911211; Commutation (CS) Rs.23,35,038/- vide Token No.2522911216; Commutation (TS) Rs.1,99,107/- vide Token No.2522911219; Encashment of Earned Leave Rs.13,26,410/- vide Token No.2522883002; and GPF Rs.24,29,482/- out of Cheque No.2522941526) as expeditiously as possible, preferably within eight (8) weeks from the date of receipt of a copy of the order.

Ratio / Principle

Miscellaneous petitions pending, if any, shall stand closed.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) — Justice Namavarapu Rajeshwar Rao (single judge); Writ Petition No.4305 of 2025, decided 14.02.2025. A retired school assistant of Karimnagar (retired 31.08.2024) sought a writ of mandamus directing release of his unpaid retirement benefits — Gratuity (TS) Rs.1,25,711/-, Gratuity (CS) Rs.14,74,289/-, Commutation (CS) Rs.23,35,038/-, Commutation (TS) Rs.1,99,107/-, Encashment of Earned Leave Rs.13,26,410/- and GPF Rs.24,29,482/-, all out of Cheque No.2522941526 dated 18.10.2024 — together with interest at 24% per annum, alleging the non-release was illegal, arbitrary and violative of statutory rules and constitutional provisions. The Government Pleader for Finance stated the bills were already processed but release was delayed for dearth of funds, payments to follow the seriatim of token numbers. With the consent of both parties the petition was disposed of at the admission stage: respondents were directed to release the enumerated amounts as expeditiously as possible, preferably within eight weeks of receipt of a copy of the order; there was no order as to costs and pending miscellaneous petitions stood closed. The order does not award the requested interest.

[³³⁰⁴ J

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

FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO:430 s oF 2025

Between:

Tipparaveni Raiendra prasad, s/o Tipparaveni Bhoomaiah, Aged about 62 years, Occupation. Ri..tired Schoor nssisia-nT, Ry". n.r.r-ol's_a_rtis/i:--S;;;d;i C6i;y, Karimnagar - sos 00'1 , Tetangana. tD No.^.131027 A8 ppo nO.'Ob_Oli+i?bp*'""

...PETITIONER

AND

1 The State of Telanoana. Represented by its principal "'-'r Secretary, Finance Department, Secretaiiat, Hydeiabad.^r

2 The Director of Treasuries and Accounts, Government of Telangana, lnsurance Buildings, Abids, Hyderabad -

The District Treasury Officer, Karimnagar District.

The Sub-Treasury Officer, Karimnagar, Karimnagar District.

The District Educational Officer, Karimnagar, Karimnagar District.

...RESPONDENTS

Petition under Articre 226 of the constitu{ion of rndia praying that in the circumstances stated in the affidavit fired 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, decrare the impugned action of the respondents in not releasing and paying the Gratuity (TS) amount of Rs. 1,25,711l- with roken No. 25229112oG dated. 1111ot2o24, Gratuiry (cs) amount of Rs. 14,74,28g with roken No.2522911211 dated. 11t1ot2024, commutation (cS) amount of Rs. 23,3s,0381 with roken No. 2522911216 dated 11t1012024, commutation (TG) amount of Rs.'l,99,1074 with roken No. 2522911219 dated 1111012024, Encashment of Earned Leave amount of Rs. 13,26,410r with roken No. 2522883002 dated. oZl10l2o24 and General Provident Fund (GpF) amount ol Rs. 24,29,482t- out of

Cheque No. 2522941526 dated. 1811012024 is illegal, arbitrary, unfair, unjest, discrimination, apart from violation of all the Statutory Rules and Constituional provisions and consequently direct the respondents to release and pay the Gratuity (TS) amount of Rs.^'1 ,25,71 1/- with Token No. 25229'11206 dated. 111'1012024, Gratuily (CS) amount of Rs. 14,74,289 with Token No. 2522911211 dated. 1111012024, Commutation^(TS) amount of Rs. 23,35,038/- with Token^No. 2522911216 dated^'1 111012024, Commutation^(CS) amount of Rs. 1,99,1071 with Token'No. 2522911219 dated 1111O12024, Encashment of Earned Leave amount of Rs. 13,26,4101 with Token No. 2522883002 daled. 0811012024 and General Provident Fund (GPF) amount of Rs. 24,29,4821- out of Cheque No.2522941526 dated- 18/10/2o24tui1h interest of 24^percent per annum from the 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) amounl of Rs. 1,25,7111with Token No. 2ti22911206 dated. 1111012024, Gratuity (CS) amount of Rs. 14,74,289 with Token No. 252291121 1 dated. 1111012024, Commutation (CS) amount of Rs. 23,35,0381 with Token No. 2522911216 dated 1111012024, Commutation (TG) amount of Rs.^'1 ,99,1071 with Token No. 2522911219 dated 1111012024, Encaslrment of Earned Leave amount of Rs. 13,26,4101 with Token No.2522883002 dated. OBl1Ol2O24 and General Provident Fund (GPF) amount of Rs.24,29,4821- out of Cheque No. 2522941526 dated: 1811012024 to the petitioner forthwith.

Counsel for the Petitioner: SRI MD ABDUL RAHMAN

Counsel for the Re:spondent No.1: SRI B.G. RAVINDER REDD'f,

GP FOR FINANCE AND PLANNING

Counsel for the Respondents No.2 to 4: S.C. FOR ACCOUNTS

Counsel forthe Respondent No.5: GP FOR EDUCATION

The Court made the following: ORDER

I t

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION No.43O5 OF 2025

ORDER:

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

Heard Md. Abdul Rahman, learned counsel appearing for the petitioner, Mr. B.G. Ravinder Reddy, learned Government Pleader for Finance appearing for respondent No.1, learned Standing Counsel for Accounts appearing for respondent Nos.2 to 4 and learned Government Pleader for Education appearing for respondent No.5.

Learned counsel for the petitioner submits that the petitioner retired from service on 31.08.2024 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.

iilltl

Having regard to the above submissions, this Writ petition is disposed of directing the respondents to release Gratuity (TS) amount of Rs.7,25,7tL/- vide Token No.2522911206, dated 11.70.2024, Gratuity (CS) amount of Rs.14,74,289/- vide Token No.252291121 1, dated 7L.t0.2024, Commutation (CS) amount of Rs.23,35,038/- vide Token No.25229t12I3, dated Lt.tO.2OZ4, Commutation(Ts) amount of Rs.l,g9,lO7/- vide Token No.25229L1219, dated IL.LO.2O24, Encashment of Earned Leave amount of Rs.13,26,410/- vide Token No.2522883002, .dated 08.70.2024 and General^provident Fund (GpF) amount of Rs.24,29,482l- out of Cheque No.2522941526, dated tB.LO.2024, pertaining to the petitioner, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to co&S.

Miscellaneous petitions pending, if any, shall stand closed

{;D/.MOHD. ISMAIL ASSISTANT REGISTRAR ,;\ \ i\i-_ ,TRUE COPY// U^{UecrrON OFFICER}

To, 1. The Principal Secretary, Finance Department, State of^Telangana, Secretariat, Hyderabad.

The Director of Treasuries and Accounts, Government of Telangana, lnsurance Buildings, Abids, Hyderabad.

The District Treasury Officer, Karimnagar District.

The Sub-Treasury Officer, Karimngar, Karimnagar District.

The District Educational Officer, Karimnagar, Karimnagar District.

One CC to SRI MD. ABDUL RAHMAN, Advocate [OPUCI

Two CCs to SRI B,G. RAVINDER REDDY, GP for Finance & Planning, High Court for the State of Telangana at Hyderabad. [OUT]

One CC to Standing Counsel for Accounts [OPUC]

Two CCs to GP for Education, High Court for the State of Telangana at Hyderabad. |OUTI 10.Two CD Copies

MP 4,/

HIGH COURT

DATED:1410212025

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ORDER

WP.No.4305 of 2025

DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS

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