G.Upender Reddy Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

G.Upender Reddy Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondents to release and pay all enumerated retirement dues of the petitioner (gratuity TS/CS, commutation I/CS/II(GS), encashment of leave and HPL, ZP Provident Fund, surrender leave bills) as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; no costs. Interest @ 24% p.a. prayed for was not granted.

Issue for consideration

Whether the respondents' non-release and non-payment of the petitioner's retirement benefits - Gratuity (TS) Rs. 4,02,489/-, Gratuity (CS) Rs. 11,97,511/-, Commutation-I (TS) Rs. 4,97,739/-, Commutation (CS) Rs. 14,80,903/-, Commutation-II (GS) Rs. 5,125/-, Encashment of Leave and HPL Rs. 10,36,330/-, ZP Provident Fund Rs. 16,85,541/- and Surrender Leave Bills Rs. 2,63,836/- - is illegal, arbitrary and calls for a writ of mandamus (with interest @ 24% p.a. as prayed).

Ratio / Principle

Writ petition disposed of (with consent, at the admission stage) directing the respondents to release and pay the petitioner's retirement benefit amounts, namely Gratuity (TS) Rs. 4,02,489/-, Gratuity (CS) Rs. 11,97,511/-, Commutation-I (TS) Rs. 4,97,739/-, Commutation (CS) Rs. 14,80,903/-, Commutation-II (GS) Rs. 5,125/-, Encashment of Leave and HPL Rs. 10,36,330/-, ZP Provident Fund Rs. 16,85,541/- and Surrender Leave Bills Rs. 2,63,836/-, as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions pending, if any, stand closed.

Detailed headnote1 paragraphs

Service law - Retirement dues - Release of post-retirement benefits - Petitioner, a retired School Assistant (superannuated 31.05.2024 per counsel's submission), approached the High Court under Article 226 seeking a writ of mandamus against the State of Telangana and treasury/educational authorities for non-release of Gratuity (TS) Rs. 4,02,489/-, Gratuity (CS) Rs. 11,97,511/-, Commutation-I (TS) Rs. 4,97,739/-, Commutation (CS) Rs. 14,80,903/-, Commutation-II (GS) Rs. 5,125/-, Encashment of Leave and HPL Rs. 10,36,330/-, ZP Provident Fund Rs. 16,85,541/- and Surrender Leave Bills Rs. 2,63,836/- (aggregate Rs. 65,69,474/-), with interest @ 24% p.a.; IA filed under Section 151 CPC for interim release. Government Pleader stated the bills stood processed but payment was delayed for dearth of funds and would follow the seriatim of token numbers. Held: disposing of the writ petition at the admission stage with consent of parties, the respondents were directed to release and pay all the said amounts 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. Interest claim not specifically dealt with or granted.

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

MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO:4592 OF 2025

Between:

G.Upender Reddy, S/o. G.Kista Reddy, age. 61 years, Retd. School Assistant, Z.P.High School, Narmefta, Nangunoor [VIandal, Siddipet Distric.t Rl/o. H.No. 17.3.90111N201, Laxmipriya Residency, Rajendra Nagar, Siddipet, Siddipet District. (PPO.No. 71 -000988/SP)

...PETITIONER

AND

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

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

The District Treasury Officer, Siddipet, Siddipet District.

The Sub-Treasury Officer, Siddipet, Siddipet District.

The District Educational Officer, Siddipet, Siddipet District.

...RESPONDENTS

Petition under Article 226 ot 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) amount of Rs. 4,02,489/- with Token No. 13161915, dt. 111712204, dt. 41912024 and Gratuity (CS) amount of Rs.11,97,5111 with Token No.13'161912, dt. 111612024, Commutation-l^(TS) amount of Rs. 4,97,739/- Token No. 13131917, dt. 11.6.2024 and Commutation (CS) amount of Rs. 14,80,9031 with Token No.13161916, dt. 111612024

andcommutation-ll (GS) amount of Rs. 51251 with Token No. 13131917, dt. 11.6.2024, Encashment of Leave and HPL amount of Rs. 10,36,330/- with Token No.2512980998, dt. 101612024, ZP Provident Fund amounl of Rs.16,85,541l- with Ch.No. 2517725573, dI. 61712024 and Surrender Leave Bills amount of rs. 2,63,836/- with Token No. 54087010, dt.2Ol2l2O4 etc, is^illegal, arbitrary, unfair, unjust, discriminati()n, apart from violation of all the Statutory Rules and Constitutional provis;ions and consequently direct the respondents to release and pay Gratuity (TS) amount of Rs.4,02,489/- with Token No. 13161915, dt. 11.7.2204, dl. 4.9.2024 and Gratuity (CS) amount of Rs.1'1,97,511/- with Token No.13161912, dl. 11.6.2024, Commutation-l (TS) amount of Rs. 4,97,7391 Token No.^'13131917, dt. 11.6.2024 and Commutation (CS) amount of Rs.^'14,80,9031 with Token No.1316'1 9'16, dt. 11.6.2024 and Commutation-ll (GS) amount of Rs. 51251 with Token Nlo. 13131917, dt. 11.6.2024, Encashment of Leave and HPL amount of Rs. 10,36,330/- with Token No.2512980998, dt. 10.6..2024, ZP Provident Fund amount of Rs.16,85,541/- with Ch.No. 2517725573, dt. 6.7.2024 and Surrender Leave Bills amount of Rs. 2,63,836/- with Token No. 540870'10, dt. 20.2.204 etc., with irrterest alias 24percent per annum from date ol retirement to till the date of actual payment is made.

lA NO: 1 OF 2025

Petition under Section 15'l 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 thd Gratuity (TS) amount of Rs. 4,02,4891- with Token No. 1316'1915, dt. 11.7.2204, dt. 4.9.2024 and Gratuity (CS) amount of Rs.11,97,5111- with Token No.13161912, dl. 11.6.2024, Commutation-l (TS) iamount of Rs. 4,97,739/- Token No. 13131917, dt. 11.6.2024 and Commutation (C:S) amount of Rs. 14,80,903/- with Token No.13161916, dt. 11.6.2024 and Commutation-ll (GS) amount of Rs. 5125/- with Token No. 13131917, dl. 11.6.2024, Encashment of Leave and HpL amount of Rs. 10,36,330/- with Token No.2512980998, dt. 10 6.2024, Zp provident Fund amount of Rs.16,85,541/- with Ch.No.2511725573, dt. 6.7.2024 and Surrender Leave Bills amount of Rs. 2,63,836/- with Token No. 54087010, dt. Z.O.2.204 etc., to the petitioner forthwith, 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 PETITI o N No.4592 OF 2025

ORDER:

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

Heard 14r. 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 Services-I for respondent No.5.

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.

\ 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) amount of Rs.4,02,489/- with Token No. j.3161915,

t ! I I

dated 11.07.2204, dated 04.09,2024 and Gratuity (CS) amount of Rs.11,97,511/- with Token No.13161912, dated LL.06.2024, Commutation-I (TS) amount of Rs.4,97,739/- with Token No.13131917, dated 11.06.2024 and Commutation (CS) amount of Rs.14,80,903/- with Token No.13161916, dated 11.06.2024 and Commutation-Il (GS) amount of Rs.5,125l- with Token No.13131917, dated 17.06.2024, Encashment of Leave and HPL amount of Rs.10,36,330/- with Token No.2512980998, dated L0.06.2024, ZP Provident Fund amount of Rs.16,85,541l- with Ch.No.2517725573, dated 06.07.2024 and Surrender Leave Bills amount of Rs.2,63,836/- with Token No.54087010, dated 20.02.204 etc, pertalning 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 costs.

M iscella neous etitions pending, if any, shalt stand closed.

SD/.MOHD. ISMAIL AS NT REGISTRAR //TRUE COPYII CTION OFFICER

To,

h

The Spl.Chief Secretary, Finance and Planning Department, Secretariat,state ot I elangana, Hyderabad.

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

The District Treasury Officer, Siddipet. Siddipet District. 4. The Sub-Treasury Officer, Siddipei, Siddipei District. 5. The District Educational Officer,'siddipet,'siddipet District. 6. Two CCs to GP FOR SERVICES l, High Court ior the State of Telangana. touTl

One CC to SRI P.UGENDER REDDy, Advocate. [OpUC] 8. Two CCs to GP FOR SERVICES lll, High Court for the Siate of Telangana.

[OUTI

1. Two CD Copies. BSK BS

HIGH COURT

DATED:1710212025

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ORDER

WP.No.4592 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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