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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to the respondents to release the petitioner's Gratuity (TS) Rs.97,702/- (Token 2513368692, 12.06.2024), Gratuity (CS) Rs.15,02,928/- (Token 2513368693, 12.06.2024), Commutation (TS) Rs.1,14,917/- (Token 2513368809, 12.06.2024), Commutation (CS) Rs.17,66,997/- (Token 2513368705, 12.06.2024), General Provident Fund Rs.35,19,149/- (Token 2506148275, 04.05.2024), Leave Encashment Rs.13,22,937/- (Token 2522462768, 20.08.2024) and TSGLI Rs.3,13,514/- (Cheque 2435927210, 08.11.2023) expeditiously, preferably within eight weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the High Court should direct the respondents to release the petitioner's unpaid retirement/pensionary benefits — Gratuity (TS) and (CS), Commutation (TS) and (CS), General Provident Fund, Leave Encashment and TSGLI — withheld since his retirement on 30.04.2024, notwithstanding that the bills had been processed.

Court's answer

With the 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 benefit amounts: Gratuity (TS) Rs.97,702/-; Gratuity (CS) Rs.15,02,928/-; Commutation (TS) Rs.1,14,917/-; Commutation (CS) Rs.17,66,997/-; General Provident Fund Rs.35,19,149/-; Leave Encashment Rs.13,22,937/-; and TSGLI Rs.3,13,514/-.

Ratio / Principle

The release of the listed benefits was to be made as expeditiously as possible, preferably within eight (8) weeks from the date of receipt of a copy of the order, and there would be no order as to costs.

Key takeaways

Miscellaneous petitions pending, if any, connected with the matter were directed to stand closed.obiter¶37

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) — Justice Namavarapu Rajeshwar Rao — W.P. No. 5754 of 2025, disposed of 27.02.2025 at the admission stage with the consent of both parties. Filed under Article 226 of the Constitution of India by N. Surender, a retired Sub-Inspector of Police (Ramagundam Police Commissionerate, Peddapalli District), who retired on 30.04.2024, seeking release of his unpaid retirement benefits and interest at 18% per annum; counsel for the petitioner submitted the benefits remained unreleased, while the Government Pleader stated the bills were already processed but unreleased owing to dearth of funds, releases to follow the seriatim of token numbers. The Court directed the respondents to release Gratuity (TS) Rs.97,702/- (Token No.2513368692), Gratuity (CS) Rs.15,02,928/- (Token No.2513368693), Commutation (TS) Rs.1,14,917/- (Token No.2513368809), Commutation (CS) Rs.17,66,997/- (Token No.2513368705), General Provident Fund Rs.35,19,149/- (Token No.2506148275), Leave Encashment Rs.13,22,937/- (Token No.2522462768) and TSGLI Rs.3,13,514/- (Cheque No.2435927210) expeditiously, preferably within eight (8) weeks from receipt of a copy of the order; no interest was directed by the Court and there was no order as to costs; miscellaneous petitions pending, if any, stand closed.

[³³⁰⁴ ]

HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

THURSDAY, THE^{TWENTY SEVENTH DAYQF FEBRUARY} TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SRI^{JUSTICENAMAVARAPU RAJESHWAR RAO}

WRIT PETITIO NO:5 540F 2025

Between:

N. Surender,^S/o: fate^{Shankaraiah,age 62 years Retd} ,Sub-lnsp-ector,^of pi,f i"",- n"niugundam-^poirce CommisEioneraie, Peddapally^{DistrictRlO..} (PPo Nd'66-00065715P) ir.r.r".io-so,e"Lino^rvirvr (PPO.lD.No. 07001127) ";i,n-coppiex,-Mancneriat,

...PErlTloNER

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'

3.TheDirectorofTreasuriesandAccounts,GovernmentofTelangana' Insurance^{Buildings, Abids,Hyderabad}

The District Treasury^{Officer, Peddapalli, Peddapalli District'}

The Sub Treasury^{Officer, Ramagundam, Peddapalli District'}

...RESPONDENT$

Petition under^{Article 226 of the constitution of lndia praying that in the} circum$tances stated^{in the affidavitfiled therewith,the High Court may be} pleased to issue an order^{or direction or writ, more particularly one in the natureof} Writ of Mandamus,^{declare the impugnedactionof the respondentsin not} releasing the retiremenUpenslonary^{benefitssuch as Gratuity (TS) amoun! of} Rs.97,702i-With^{Token No.2513368692, dt'12062024 Gratuity (CS) amount of} Rs.15,92,928/- with^{TokenNo.2513368693,d| 126'2024 Commutation (TS)} amountofRs.1,14,9'17l-withTokenNo.25.1336880g'd|12'62024Commutation (CS) apount of Rs 17,06,9971^{with TokenNo 2513368705' dt12'6'2024an1} General^{Provident Fund amount ef Rs 35,19,149i-with TokenNo 250AM8275}

-' -:^{.l- :-,}-v r-/ .-: ,. / ,l

dt.4.5.2024 Leave llncashment amount of Rs. 13,22,9371 vrith Token No. 2522462168, dl.Zt) B 2024 and TSGLI amount of Rs t:,,13,514/- with Cheque No.24359',27')-10, dt.8.11.2023, is illegat, arbitrary, unfair, unjust, discrimination, apan from violation of all the statutory Rules ar-d constitutienal provisions and consequently direct the respondents to release a rd pay the gqi{ pensionary benefits vrith interest @ 1B percent per annum from date 9f rqliremqnt to till the date of acftral payment is mad9.

lA NO: 1 OF 2025

Fetition under Section !S1 CpC praying that in the circumstances stated ip lhe^{affidavitfrled in} sr,pport of the^petitien, the High court may be pleased to direct lhe^respondents tu release the retirqmenupensionary benefits such as Gratlrity (TS) amount ol Rs^g7 ,702l- With Token No.f 513Q6B69Z, dt. j2 Oti.2924 Gratuity (CS) amount of Rs.15,02,9281 with Token No.251336869?., dt.12.6.29_24 Commutation (TS) amqunt of Rs.1,'14,917t with Token No.251306890g, d1.12.62024^{Commutation(CS)} amgunt of Rs 17,66.997/_ with Token Nq, 25'13368705, dt n A.?-024 and Generat^provident fun{ amount ot Rs.35,19,149/-. with Token No2506148275 dt-4.5.2024 feave Encashment amount of Bs. 13,22,937/-with To(en No. 2522462168, dl2}82024 and TSGLI amgunt Qf Rs.3,'13,514/- with^(lheque No.24QSg2721Q, dt.B 11.2023, to thg petitiqpqp forthwith.

Counsel for the Petitioner: SRI C. S4l REDey

Counsel for the Respondent Nos.1, I to 5; ep FOR SERVICES_Ill

Counsel forthe Rqspondent No.2: Cp FOR HOME

The Cogrt made the following: ORDER

I I

{ /

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETIT ION No.5 754 0F 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, Iearned counsel for the petitioner, learned Government Pleader for Services-Ill for respondent Nos.1, 3 to 5 and learned Government Pleader for Home appearing for respondent No.2.

Learned counsel for the petitioner submits that the petitioner retired from service on 30.04.2024 and till now, his retirement beneflts 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.

Having regard to the above submissions, this Writ petition is disposed of directing the^respondents to release Gratuity (TS) amount of Rs.97,702/-^With Token No.2513368692, dated

12.06.2024, Gratuity (CS) amount of Rs.15,02,928/- rryitft 16L"n No.2513368693, dated 12.06.2024, Commutation (TS) amount of Rs.1,L4,917/- with Token No.2513368809, dated 12.06.2024, Commutation (CS) amount of Rs.17,66,997/- w th Token No.2513368705, dated t2.06.2024, General Provident Fund amount of Rs.35,19,1.19,r- *,n Token No.2506L48275, dated 04.05.2024, Leave Encashnlent amount of Rs.13,22,937/- with Token No.2522462768, dated 20.08.2024 and TSGLI amount of Rs.3,13514/- with Cheque No.2435927210, dated 0g.Lt.2OZ3, pertaining to the petitioner as expeditiously as possible, preferably within a periocl ol eight (B) weeks from the date of receipt of a copy of this order. I'here shall be no order as to costs.

Miscellareous petitions pending, if any, shall stand r:losed.

SD/-K. AMMAJI ASSISTA NT REGISTRAR //TRUE COPY//

$Ecnoru oFFrcER

To, 1 The Principa Secretary, Finance De pa(ment Secretariat, The State of Telangana, ll vderabad

2 The Piinci pal Secreta ry, Home (Police) Department, Secretariat, The State of r) TelanganThe Director a, llyderabof^-f reasuries ad an d Accounts, Government of Telarrgana, Insurance Buildin gs, Abids, Hyde rabad

4 The DistJict Trea sury Officer, Peddapalli, Pedda Palli District

The Sub Treasu ry icer, Rama gundam, Pedd apalli District

76 Two One CCS CC to to S^(3P ri ofor Sai^off Services-f Reddy Adll, vocate High C[QPUourt for c1 the State of Telangana, at Hyderabad lourl

8 Two CC to The GP for Home High Cqq4 for the State of Tetangana, at

Hyderabad lourj

I Two CD C oples,

TJ BS

HIGH COURT

DATED:2710212025

ORDER

WP.No.S754 o12025

o B rHt- !ri
f,
15 Apn 2w
az
t * .dtI
9Pl t c rF,o

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

L 6
2