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

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

What the court decided

AI extract

Outcome

Writ petition disposed of (at admission stage, with consent of parties) directing the respondents to release and pay the enumerated retirement benefits — Gratuity (TS) Rs.6,07,245/- (Token 252326597), Gratuity (CS) Rs.9,33,114/- (Token 2523265303), Commutation (TS) Rs.5,82,321/- (Token 2523265299), Commutation (CS) Rs.8,94,814/- (Token 2523265296), Encashment of Leave and HPL Rs.4,96,476/- (Token 2522692443), ZP Provident Fund Rs.4,51,923/- (Ch.No.2523274681) and Surrender Leave Bills Rs.1,01,595/- (Token 49146100), besides T.S.G.L.I. Policy Nos. 1.1009661 A and 1.1009661 B — expeditiously, preferably within eight (8) weeks of receipt of the order. Miscellaneous petitions closed; no order as to costs. The prayer for interest at 24% per annum was not addressed in the operative order.

Issue for consideration

Whether the respondents' non-release and non-payment of the retired petitioner's dues — Gratuity (TS) and (CS), Commutation (TS) and (CS), Encashment of Leave and HPL, ZP Provident Fund, Surrender Leave Bills and T.S.G.L.I. policy amounts — is illegal, arbitrary and unjust, warranting a mandamus for payment. +1 more

Court's answer

The writ petition is disposed of with a direction to the respondents to release and pay the petitioner's retirement benefits — Gratuity (TS) Rs.6,07,245/-, Gratuity (CS) Rs.9,33,114/-, Commutation (TS) Rs.5,82,321/-, Commutation (CS) Rs.8,94,814/-, Encashment of Leave and HPL Rs.4,96,476/-, ZP Provident Fund Rs.4,51,923/- and Surrender Leave Bills Rs.1,01,595/- along with the T.S.G.L.I. policy amounts — as expeditiously as possible.

Ratio / Principle

The release and payment is to be made preferably within a period of eight (8) weeks from the date of receipt of a copy of the order; miscellaneous petitions, if any, stand closed and there is no order as to costs.

Detailed headnote1 paragraphs

Telangana High Court (Namavarapu Rajeshwar Rao, J.; order dated 17.02.2025) disposed of Writ Petition No.4561 of 2025 at the admission stage with the consent of both parties. The petitioner, a retired School Assistant (Social), Z.P.H.S., Khajipur, Siddipet District, who retired on 31.08.2024, sought a mandamus for release of unpaid retirement benefits: Gratuity (TS) Rs.6,07,245/- and (CS) Rs.9,33,114/-, Commutation (TS) Rs.5,82,321/- and (CS) Rs.8,94,814/-, Encashment of Leave and HPL Rs.4,96,476/-, ZP Provident Fund Rs.4,51,923/-, Surrender Leave Bills Rs.1,01,595/- and T.S.G.L.I. Policy Nos. 1.1009661 A and 1.1009661 B, with interest at 24% per annum. The Government Pleader stated the bills were processed but payment was delayed for dearth of funds, releases following the seriatim of token numbers. The Court directed the respondents to release and pay all the sums expeditiously, preferably within eight (8) weeks of receipt of the order; miscellaneous petitions were closed and there was no order as to costs. The interest prayer was not dealt with in the operative order. No precedent was cited or discussed.

[³³⁰⁴¹

IN THE HIGH COURT^{FOR THE STATEOF TELANGANA AT HYDERABAD}

(SPecial Original Jurisdiction)

MONDAY, THE SEVENTEENTH^{DAYOF FEBRUARY} TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SRI^{JUSTICENAMAVARAPU RAJESHWAR RAO}

WRIT PETITION NO^{:4561 OF 2025}

Between:

P. Saraswathi, D/o. P.Bhoomaiah,^age.61 vears, Retd.School^{Assistant(Social),} Z.P.H.S., Khajipur, Siddipet^{District.Rl/o.} H.ruo. tZ.a.0tS, Mohinpura,^Siddipet' Medak District.^{(PPO.No. 71-001085/5P)}

...PETITIONER

ANO

'l . The State of Telangana, rept. by its Spl.Chief Secretary, Finance and Planning Department,^{Secretariat,Hyderabad.}

The Director of Treasuries^{andAccounts, lnsurance Building, Abids'} Hyderabad.

The District Treasury^{Officer, Siddipet, SiddipetDistrict.}

The Sub-Treasury^{Officer, Dubbak' Siddipet District'}

The District Educational^{Officer, Siddipet, Siddipet District'}

...RESPONDENTS

Petition under Article²²⁶ of^{the constitution of lndia prayingthat in the} circumstances stated^{in the affidavit filedtherewith,the High court may be} pleased to issue an order or direction^{or writ,more particularlyone in the nature} of writ of Mandamus,^{declarethe impugnedactionof the respondents in not} releasing and^{paying Gratuity(TS) amount of Rs'6,07,245l-withToken} No.252326597, dI. 25.11.2204,^{and Gratuity (CS) amountof Rs'9,33,1141 with} TokenNo.2523265303,dt.25.11.2024,Commutation(TS)amountof Rs.5,82,321l- Token^{No. 252g265299, dt. 25'11.2o24 and Commutation (CS)} amountofRs.B,94,B14/.withTokenNo.2523265296,dt25'11'2024' Encashment of Leave^{and HPL amountofRs. 4,96,4761with Token} No.2522692443' dt.^{,13.9.2024, ZP Provident Fund amount of Rs. 4,51,923/-with} Ch.No. 2523274681 ,^{dl. 25.11.2024andSurrender Leave Billsamount of}

Rs.1,01,59S/-- with Token No.49146.100, dt. 24.1 .204 and T.S.G.L.t. poty Nos. L.'100966.1 A ancl L1009661 B etc, is illegat, arbitrary, r:nfair, unjust, discrimination, apart from vioration of a[ the statutory Rures and constitutionar provisions and consequenry direct the respondents to rerease and pay Gratuity (TS) amount of Rs.6,07,245l_ with Token No.252326597, dt. 25.11.2204, and Gratuity (cs) am.unt of Rs.9,33,1 14t- wirh roken No. 2523265303, dt. 25.11.2024, Commurtation (TS) amount of Rs.5,82,32i /Token No. 2523265299, dt 25.1 1.2024 and commutation (cs) amount of Rs.8,94,814/- wjth roken No. 2523265296 ' dt' 25'11:2024, Encashment of Leave and HpL arnount of Rs. 4'96'476r- with roken No.2522692443, dt. 13.g.2024, Zp provident Fund amount of Rs 4'51'923/- with ch.No.252g274681, dt. 25.11.2024and Surrender Leave Bills amount of Rs.1,0.1 ,595/ with Token No.49146100, dt. 24.1 .204 and T'S G'L'r'^porv Nos. t-.1009661 A and L100966.1 B etc, with interest @ 24 percent per annum from date of retirement to ti, the date of actuar payment is marde.

lA NO: 1 OF 2025

Petition under Section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to release and pay the Gratuity (TS) amount of Rs.6,O7,24Sl- with Token No.252326597, dt. 25.11.2204, and Gratuity (CS) amount of Rs.9,33, 1 14t_ with Token No. 2523265303, dt. 25.11.2024, Commutation OS) iamount of Rs.5,82,32.1/Token No. 2523265299, dt. 25'11'2024 and commutation (cs) amount of Rs.8,94,814/- with roken No. 2523265296 ' dt' 25'1 r'2024, Encashment of Leave and H.pL amount of Rs. 4'96'476r- with roken No.2522692443, dt. 13.g.2024, Zp provident Fund amount of Rs' 4'51'923/- with .ch.No.252327468'1, dt. 25.11.2024and surrender Leave Bills amount of Rs..t,01,595/_ with Token No.49146100, dt. 24.1 .204 and T'S'G'L'r' pory Nos. 1.100966't A and 1100966.r B etc, to the petitionerforthwith, to the petitioner forthwith pending disposal of main writ petition.

Counsel for the petitioner : SRI p.UGENDER REDDY counset for rhe Resoondents No.1to4 ;E; ;oR:-ucES lt i;"'e"1f;:1""T;:H,?ff l":,rf isDEcRp;bRiE'fi t=r,

*i

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRI ET N 45 F2

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-Ill for respondent Nos.1 to 4 and learned Government pleader for Services-I for respondent No.5.

3, Learned counsel for the petitioner submits that the petitioner retired from service on 31.08.2024 and till now, her retirement benefits were not released by the respondents.

\ \

Learned Government pleader submits that the bills pertaining to the retirement benefits of the petitioner are arready 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 beneficiaries.

I

Having regard to the above submissions, this Writ petition is disposed of directing the respondents to release and pay the Gratuity (TS) amount of Rs.6,07,245l- with Token No.252326597,

H

dated 25.11.2',204 and Gratuity^{(CS) amount} of^{Rs.9,33,114l- with} Token No.25213265303, dated 25.Lt.2024, Commutation^(TS) amount of R.s.5,82,321/- with^{Token No.2523265299,dated} 25.11.2024 and Commutation^{(CS) amount of F's'8,94,814/- with} Token No.2523265296, dated 25.11.2024,^{Encashment of Leave} and HPL amount of Rs.4,96,476/-^{with TokenNo.25)-2692443,} dated 13.09.2024, ZP Provident^{Fund amount of Rs.4,51,923l-with} Ch.No.252327,1681, dated 25.11.2024 and^{SurrenderL-eave Bills} amount of Rs.1,01,595/- with Token^No.49146100, .^dated 24.O1.204 and T.S.G.L.I. Poly Nos.1.1009661 A and^11009661B etc, pertaining to the^petitioner, as^{expeditiouslyas 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 costs'}

Miscellaneous petitions^pending, if any, shall stand^closed.

SD/-MOHD. ISMAIL AS SISFANT^RE GISTRAR //TRUE COPY// )\E".- OFFICER

To, 1. The Spl.Chief Secretary, Finance and Planning Department, Secretariat' State bf Telangana,^HYderabad.

z. in?-oireitoiijiirJis,irles^{and Accounts, lnsuranceB uilding,Abids'} S. f6e Hvderabad.^-Diitiict Treasury^{Officer, Siddipet, Siddip-etDistrict'}

+. The Sub-Treasury dfficer,^{Dubbak, SiddipetDistrrcL}

S. fne DistrictE.ducltional^{Officer, Siddipet, Siddipet District'} o. one cc to sil P.UGENDER^{REDDY, Advocate.toPuql} i. il; ccrio <;i ron^{SERVICESlll, High court for the State of relangana} tourl

s. tw; ics to tiP FoR^{SERVICES l, High Court for the State of Telangana'} tOUI

1. Two CD Copres. BSK BS

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HIGH COURT

DATED:1710212025

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ORDER

WP.No.4561 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS (r^a^{^rr'a d}