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

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

What the court decided

AI extract

Outcome

Respondents directed to release, as expeditiously as possible and preferably within eight (8) weeks from receipt of a copy of the order: Gratuity (TS) Rs.3,93,595/- (Token No.2522919070), Gratuity (CS) Rs.12,06,405/- (Token No.2522919064), Commutation (TS) Rs.4,39,819/- (Token No.2522919080), Commutation (CS) Rs.13,48,087/- (Token No.2522919073), Leave Encashment Rs.12,79,670/- (Token No.2522605406) and General Provident Fund Rs.18,58,764/- (Token No.2522604845); pending miscellaneous petitions, if any, to stand closed; no order as to costs.

Issue for consideration

Whether the respondents' failure to release the petitioner's retirement/pensionary benefits (Gratuity TS/CS, Commutation TS/CS, Leave Encashment and General Provident Fund) is illegal, arbitrary and unjust, warranting a writ of mandamus directing their release with interest at 18% per annum as prayed.

Court's answer

With consent of both parties, the writ petition was disposed of at the admission stage, directing the respondents to release the petitioner's Gratuity (TS), Gratuity (CS), Commutation (TS), Commutation (CS), Leave Encashment and General Provident Fund amounts as expeditiously as possible.

Ratio / Principle

The release of the pensionary benefits was directed to be made preferably within a period of eight (8) weeks from the date of receipt of a copy of the order.

Key takeaways

No order was made as to costs.ratio¶57

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Namavarapu Rajeshwar Rao, J.) disposed of Writ Petition No. 5100 of 2025 at the admission stage, with the consent of both parties. The petitioner, a retired Assistant Sub-Inspector who superannuated on 30.08.2024, complained of non-release of his retirement/pensionary benefits despite bills having been processed; the Government Pleader for Finance attributed the delay to dearth of funds, with payment to follow the seriatim of token numbers. The Court disposed of the petition directing the respondents to release Gratuity (TS) Rs.3,93,595/-, Gratuity (CS) Rs.12,06,405/-, Commutation (TS) Rs.4,39,819/-, Commutation (CS) Rs.13,48,087/-, Leave Encashment Rs.12,79,670/- and General Provident Fund Rs.18,58,764/- as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the order, with no order as to costs; pending miscellaneous petitions were closed. The prayer for interest at 18% per annum was not specifically dealt with in the operative order.

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HIGH COURT^{FORTHE STATEOF TELANGANA AT HYDERABAD} (SPecial Original^{Jurisdiction)}

THURSDAY,^{THE TWENTIETHDAY OF FEBRUARY} TWO THOUSAND^{AND TWENTYFIVE}

PRESENT

THE HONOURABLE^{SRIJUSTICENAMAVARAPU RAJESHWAR RAO}

WRIT PET^{ITIONNO:510ooF 2025}

Between:

N.Ashok^{Reddy.S/o Ramachandra.Reddlage 62 vears Retd AsstSub} lnsoector,^{AddlDGd' 'l;i;iii#;; lreiJ 6'irr.'Hvderabad'R/o H'No} 4.zostvtl,Venkata^{s;i eilii%,liller;-sudaRa;sj ntiaov District (PPoNo} oolr ootabrcpl(^{PPo. 1D.No250504e5)}

...PETlTloNER

AND

1 The State^{of Telangana,reptby its PrincipalSecretary' Finance Department} Secretariat,^HYderabad. Principal^{Secretary,Home(Police)}

2 The State of^{Telangana.rept by. its} Department.^{Secretariat, Hyderabao'}

Government^{of Telangana'}

i The Director of^{Treasuries and Accounts'} " l;.i,ra*; Buildings. Abids. Hyderabad'

The Joint^{Director' Pension Payment Office' Nampally' Hyderabd'}

...RESPONDENTS

Petition under^{Article 226 of lhe Constitutionof lndia prayingthat in the} circumstances^{statedin the affidavit filed therewith' the High Court maybe} pleased to issue^{an order or direction or writ' more particularlyone in the nature} of Writ of^{Mandamus' declarethe impugned actionof the respondentsin not} releasing^{the retirement/pensionary benefitssuch as Gratuity (TS) amount of} Rs.3,93,595/-^{with Token No 2522919070' Gratuity (CS) amount of Rs} 12,06,405t-^{with Token No 25229'19064' Commutation(TS) amount of} Rs.4,39,819/-^{with Token No 2522919080' Commutation (CS) amountof Rs'} 13,48,087t-^{with Token No 2522919073'LeaveEncashmentamountof} Rs.12,79,6701^{with Token No 2522605406' General Provident Fundamount of} Rs.18,58'764lwithTokenNo.2522604845,dt.11tgt2o24etciSillegal,arbitrary, unfair, unjust,^{discrimination, apart from violation of all the Statutory Rules and}

Constitutional provisions and consequently direct the respondents to release and pay the said pensionary benefits with interest @ 18^o/" per annum from 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 the retirement/pensionary beneflts such as for Gratuity (TS) amount of Rs.3,93,595/- with Token No.2522919070, Gratuity (CS) amount of Rs.^'12,06,4051 with Token No. 2522919064, Commutation (TS) amount of Rs.4,39,819/- with Token No.2522919080, Commutation (CS) amount of Rs. 13,48,087/-with Token No. 2522919073, Leave Encashment amount of Rs.12,79,670/- with Token No.2522605406, General Provident Fund amount of Rs.18,58,7641 with loken No.2522604845, dt.'1 1.9.2024 etc to the petitioner forthwith pending dlsposal of writ petition.

Counsel for the Petitioner: SRI C.SAI REDDY

Counsel for the Respondent No.1, 3 & 4: GP FOR FINANCE PLANNING

Counsel for the Respondent No.2: GP FOR HOME

The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION No.51OO 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 Finance appearing for respondent Nos.1, 3 and 4 and learned Government Pleader for Home appearing for respondent No.2.

Learned counsel for the petitioner submits that the petitioner retired from service on 30.08.2024 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 beneficiaries.

5, Having regard to the above submissions, this Writ petition is disposed of directing the respondents to release Gratuity (TS) amount of Rs.3,93,595/- with Token No.2522919070, Gratuity (CS)

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amount of^{Rs.12,06,405/- withTokenNo'2522919064'} Commutation^{(TS) amount ofRs'4,39,819/-withToken} No.2522919080,Commutation(CS)amountofRs'13'48'087/-with Token No.2522919073,^{Leave Encashmentamountof} Rs.l2,7g,670l-^{with TokenNo'2522605406, General ProvidentFund} amount of^{Rs.18,58,764l-with Token No'2522604845' dated} tL.Og.2074,^{pertaining to the petitioner, as expeditiously} AS possible,^{preferablywithina period of eight(8) weeks from the date} of receipt^{of a copy of this order'There shallbe no orderas to} costs.

Miscellaneous^{petitions pending,if any, shall standclosed'}

\

To,

SD/-K. AMMAJI A STANT REGISTRAR //TRUE COPY// SECTION OFFICER

1 The^{Principalsecretary,Finance Department secretariat,} Hyderabad, state of Telangana.

The Principal Secretary, Home (police) Department, Secretariat, Hyderabad, State of Telangana.

3 The Director of rreasuries and Accounts, Government of rerangana, lnsurance Buildrngs, Abids. Hyderabad.

The Joint Director,^pension payment Office, Nampally, Hyderabd..

One CC to SRt C SAt REDDY, Advocate tOpUCl

Two CCs to cp FOR .F.[IA!-CE PLANN|NG, High Court for the State of Telangana at Hyderabad [OUT]

Two CCs to Gp FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

B. Two CD Copies

BSR )rl BS

/

HIGH COURT

DATED: 2010212025

ORDER

WP.No.6100^{of 2025}

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DISPOSING^{OF THE WRIT PETITION,}

WITHOUT COSTS

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