Syed Abdul Muqeed Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Syed Abdul Muqeed 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 the enumerated pensionary benefits of the petitioner as expeditiously as possible, preferably within eight (8) weeks from the date of receipt of a copy of the order; miscellaneous petitions, if any, to stand closed; no order as to costs. The petitioner's request for interest at 18% per annum (per the prayer) was neither granted nor addressed in the operative order.

Issue for consideration

Whether the respondents' failure to release the petitioner's retirement/pensionary benefits, though the bills stand processed, warrants a direction (writ of Mandamus under Article 226) to release them.

Court's answer

With consent of both parties the writ petition was taken up and disposed of at the admission stage, directing the respondents to release the petitioner's enumerated retirement/pensionary benefits (Gratuity TS/CS, Commutation TS/CS, Leave Encashment, General Provident Fund, Increment Arrears and PRC Arrears of 12 months) as expeditiously as possible, preferably within eight weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ Petition (Article 226, Mandamus) disposed of at the admission stage with the consent of both parties before a single-judge bench (Justice Namavarapu Rajeshwarrao), High Court for the State of Telangana, 19.02.2025. Petitioner, a retired ASI who retired on 31.07.2024, complained of non-release of retirement/pensionary benefits. The Government Pleader submitted that the bills had been processed but payment was delayed for dearth of funds, to be released per seriatim of token numbers. The Court directed the respondents to release Gratuity (TS) Rs.1,33,145, Gratuity (CS) Rs.14,66,855, Commutation (TS) Rs.1,48,782, Commutation (CS) Rs.16,39,124, Leave Encashment Rs.12,75,980, General Provident Fund Rs.10,64,455, Increment Arrears (amount illegibly printed) and PRC Arrears of 12 months Rs.2,81,988, as expeditiously as possible, preferably within eight weeks of receipt of a copy of the order. There shall be no order as to costs; pending miscellaneous petitions stood closed. The prayer for interest at 18% per annum found no reflection in the operative order.

[³³⁰⁴ ]

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

WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR^RAO

WRIT PETITION NO: 4820 OF 2025

Between:

Syed Abdul lVuqeed, S/o. Syed Abdul lVajeed, Retd. ASI-1395, Karimnagar Commionerate, Karimnagar. Rl/o. H.No. 9.3.166/'1 , Srinagar Colony, Karimnagar. (PPO.No. 03-021453/SP) (PPO.lD.No. 131027760)

AND

1 The State of Telangana, rept. by its Principal Secretary, Finance Department Secretariat, Hyderabad.

2 The State of Telangana, rept.by its Principal Secretary, Home^(Police) Department, Secretariat, Hyderabad. The Director of Treasuries and Accounts, Government of Telangana, lnsurance Buildings, Abids, Hyderabad.

4 The District Treasury Officer, Karimnagar, Karimnagar District. 5 The District Treasury Officer, Sircilla, Sircilla District.

...RES,ONDENTS

Petition under Article 226 of lhe Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue an order or or writ, more particularly one in the nature of Writ of I,4andamus, declare the impugned action of the respondents in not releasing the retirement/pensionary benefits such as Gratuity^(TS) amount of Rs.^'1 ,33,1451' with Token No. 2523025908 dt. 25110t2024, Gratuity (CS) amount of Rs.14,66,8551 with Token No. 2523025909, dt.2511012024,^{Commutation (TS)} amount of Rs. 1,48,7821- with Token No. 2523025902, dt.^2511012024 Commutation (CS) amount of Rs. 16,39,1 241- with Token no. 2523025905,^dt. 2511012024, Leave Encashment amount of Rs. 12,75,980/- with Token No. 2522405569, d|.21812024, General Provident Fund amount of Rs. 10,64,4551 with Token No. 252290646, dt. 1011012024, lncrement Arrears amount of Rs. 6,05,2721- with Token No. 2513356594, dt. 31 .5.2024 and PRC Arrears of¹² months amount of Rs.2,B'1 ,9BBl- dl. 1211112024 etc is illegal, arbitrary, unfair,

unjust, discrimination, apart from violation of all the statutory Rules and constitutional provisions and consequenfly direct the respondents to release and pay the said pensionary benefits with interest @ 1g percent per annum from date of retirement to tili the date of actual payment is made

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 ro direct the respondents to release the retirement/pensionary benefits such as for Gratuity (TS) amount of Rs. 1 ,33,14s1- with roken No. 2523025908 dt. 2511012024, Gratuity (CS) amount of Rs..14,66,8SS/- with Token No. 2523025909, dt. 2511012024, commutation (TS) amount of Rs. 1,48,782l-with Token No. 2523025902, dt. 2Sl1Ot2O24 Commutation (CS) amount of Rs. 16,39,1241-with roken no. 2s2302s905, dt. 2s.r0.2o24, Leave Encashmenr amount of Rs.^{'12,75,9801with} Token No. 2522405569, dt. ZlBlZO24, General Provident Fund anrount of Rs. '10,64,455/- with roken No. 252290646, dt. 1011012024, lncrement Arrears amount of Rs. 6,05,2r2r- wirh roken No. 2513356594, dr-'31rs12024 and pRC Arrears of 12 months amount of Rs.2,B1,9BB/- dt. 1211112024 etc to the petitioner forthwith pending disposal of writ petition

Counsel for the Petitioner: SRl. C. SAI REDDY

Counsel for the Respondent Nos. 1, 3to5: Gp FOR SERVICES lll Counsel for the Respondent No.2: Gp FOR HOME

The Court made the following: ORDER

II

THE HON,BLE SRI JUSTICE^{NAMAVARAPU RAJESHWARRAO}

WRIT PETITION NO.482O OF 2025

ORDER

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

Heard Mr. C.Sai Reddy, learned counsel for the^petitioner, learned Government Pleader for Services-IlI^{for respondentNos.1,} '' 3 to 5 and^{learned GovernmentPleader for Home appearing for} respondent No.2.

Learned counsel for the^petitioner submits that^{the petitioner} retired from service on 31.O7.2024 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^{Pleaderfurther} 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 Gratuity(TS)} amount of Rs.1,33,145/- with Token^{No.2523025908, dated}

25.1O.2024, Gratuity (CS) amount of Rs.14,66,855/- with Token No.2523025909, dated ZS.tO.ZO24, Commutation (TS) amount of Rs.1,48,782/- with Token No.2523025902, dated 25.L0.2024, Commutation (CS) amount of Rs.16,39,t24/- with Token No.2523025905, dated 25.LO.2024, Leave Encashment amount of Rs.12,75,980/- with Token No.2522405569, dated 02.08.2024, General Provident Fund amount of Rs.10,64,455/- with Token No.252290646, dated ]-O.IO.2OZ4, Increment Arrears amount of ) Rs.6,O5,212l- wirh Token No.2513356594, dated 31.05.2024 and PRC Arrears of LZ months amount of Rs.2,B1,9BB/_ dated 72.71.2024, pertaining to the petitioner, as expeditiously as possible, preferably within a period of eight (B) weeks from the date of receipt of a copy of this order. There shall be no order as to cots.

Miscellaneous petitions pending, if any, shall stand closed.

SD/. A. SRINIVASA REDDY A TRAR ,TRUE COPY// t\ SECTION OFFICER \ To, 1 The Principal Secretary, Finance Department Se tariat, T.S., Hyderabad z JL" . .^{Principal Secietary,Home (police)} Departnrent, Secretariat, T.S.,Hyderabad. . The Director of Treasuries and Accounts, Government of Telangana, lnsurance Buildings, Abids, Hyderabad. 4. The District T.easury Officer, karimnagar, Karimnaoar District. 5. tne Drstnct lreasury Officer, Sircilla, Sircilla DistrictC) . One CC to SRt. C SAt REDDY, Advocate tOpUCl 7. Two ccs to GP FoR SERVTCES ilr ,High bourt fbr the State of rerangana at Hyderabad [OUT] 8. . Two CCs to GP FOR HIOIVE, High Court for the State of Telangana, at Hyderabad [OUT] o . Two CD Copies B t,4 GJP w-

l

HIGH COURT

DATED:1910212025

i

ORDER

WP.No.4820 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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