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

N.Manohar Rao 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 petitioner's retirement benefits — Gratuity (TS) Rs.8,28,418/-, Gratuity (CS) Rs.5,35,283/-, Commutation (TS) Rs.7,94,438/-, Commutation (CS) Rs.5,13,327/-, Encashment of Earned Leave Rs.4,95,090/-, General Provident Fund Rs.5,16,300/- and Surrender Leave Rs.1,02,760/- — as expeditiously as possible, preferably within eight weeks from receipt of a copy of the order; no order as to costs; the prayer for interest @ 24% per annum was not acceded to; miscellaneous petitions (including IA No.1 of 2025 under Section 151 CPC), if any, stand closed.

Issue for consideration

Whether the respondents' action in not releasing and paying the petitioner's retirement benefits (Gratuity TS/CS, Commutation TS/CS, Encashment of Earned Leave, General Provident Fund, Surrender Leave) is illegal, arbitrary and violative of statutory rules and constitutional provisions, entitling him to a mandamus directing payment together with interest @ 24% per annum from the date of retirement.

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 and pay the petitioner's enumerated retirement benefits (Gratuity TS/CS, Commutation TS/CS, Encashment of Earned Leave, General Provident Fund, Surrender Leave).

Ratio / Principle

The retirement benefits are to be released as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of the order; there shall be no order as to costs.

Detailed headnote1 paragraphs

Telangana High Court (single Judge, Namavarapu Rajeshwar Rao, J.) — W.P. No.5963 of 2025, decided 28.02.2025. A retired SGT (retired 30.06.2024) moved this Court under Article 226 seeking mandamus against the State of Telangana and treasury/education authorities for withholding his retirement benefits despite the bills being processed: Gratuity (TS) Rs.8,28,418/-, Gratuity (CS) Rs.5,35,283/-, Commutation (TS) Rs.7,94,438/-, Commutation (CS) Rs.5,13,327/-, Encashment of Earned Leave Rs.4,95,090/-, GPF Rs.5,16,300/- and Surrender Leave Rs.1,02,760/- (aggregate approximately Rs.37.86 lakh), with a claim for interest @ 24% p.a. The Government Pleaders stated the bills were processed but funds were scarce and amounts would be released seriatim per token numbers. With consent of parties, the writ was disposed of at the admission stage, directing release and payment of all seven benefits as expeditiously as possible, preferably within eight (08) weeks of receipt of a copy of the order; no costs; interest claim not granted; pending miscellaneous applications (including the Section 151 CPC interim application, IA No.1 of 2025) closed. No precedent was cited or discussed.

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

FRIDAY, IHE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 5963 OF 202s

Between:

N-ltrlanohar Rao, S/o Narayana, aged about 62 years, Rtd. S.G.T., M.p.p.S., Bishmanagar, _Chityal ma{al, Complex, Nainpaka (ZpHS), Jayashankar Bhoopalapally District Rl/o D.No.3'l-1-254, Komltipally village, Hasanparthy. Hanmakonda. (PPO. No.75-00045/SP)

...PETITIONER

AND

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

2 The Director of Treasuries .and Accounts, GovernmJnt of Telangana, lnsurance Buildings, Abids, Hyderabad.

3 The District Treasury Officer, Jayashankar Bhupalapally District.

4 The Sub Treasury Officer, Bhupalapally, Jayashankar Bhupalapally District.

5 The District Educational Officer, Jayashankar Bhupalapally District

...RESPONDENTS

Petition under Article 226 of the 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 the retirement benefits i.e., Gratuity (TS) amount of Rs. 8,28,4181- with Token No.2522540244 dt- 3OtO6l2O24 Gratuity (CS) amount of Rs. 5,35,283/-with Token No.252254O253 dt- 30/06/2024, Commutation (TS) amount of Rs. 7,94,4381- with Token No. 2S22S4O2S! dt-3O-06-2O24 Commutation (CS) amount of Rs. 5, i 3,327lwith Token No. 2522540269 dt3010612024 Encashment of Earned Leave amount of Rs. 4,95,0901 with Token No. 2522916415 dt-14-10-2124 and General Provident Fund amount of Rs.

5,16,300/- ,with Token/Ch.No. No.25238071'15 dt- 07-02-2025 and Surrender leave amount of Rs.'l ,O2,7601- with Token No.2503244852 Dl.BlO4l2024 is illegal, arbitrary, unfair, unjust, discrimination, apart from violation of all the Statutory Rules and Constitutional provisions and consequently direct the respondents to release and pay above mentioned benefits to the petitioner with interest @ 24^o/o per annum from date of retirement to till the date of actual payment is made.

IA NO: 1 OF 2025

Petition underr 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 forthwith to release and pay the retirement benefits of the petitioner such as. i.e. Gratuity (TS) amount of Rs. 8,28,4181 with Token No.252254O244 dt: 30-06-2024 Gratuity (CS) amount of Rs. 5,3Q,2831 with Token No. 2522540253 dt: 30-06-2024, Commutation (TS) amount of Rs. 7,94,4381with Token No. 2522540259 dt:30-06-2024 Commutation (CS) amount of Rs. 5,13.3271- vrith Token No. 2522540269 dt.30-06-2Oi4 Encashment of Earned Leave amounl of Rs. 4,95,0901 with Token No. 2522916415 dl. 14-10-2024 and Cieneral Provident Fund amount of Rs. 5,'16,300/- with Token/Ch.No. No.2523807115 dl 07 -O2-2O25 and Surrender leave amount of Rs.1,02,7601 with Token No.2503244852 Dl.B-04-2024 pending disposal of main writ petition.

Counsel for the Petltioner: SRI P.UGENDER REDDY

Counsel for the Respondent No.1 to 4: GP FOR SERVICES-lll

Counsel for the Respondent No.S: GP FOR SERVICES-I

The Court made the following: ORDER

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THE HON'BLE SRI ]USTICE^{NAMAVARAPU RAJESHWARRAO}

WRIT PETITION No.5963^{OF 2025}

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 GovernmentPleader for} " Services-I for respondent No.5.

Learned counsel for the^{petitioner submits that the petitioner} I retired from service on^{30.06.2024and till now, his retirement} benefits were not released^{by the respondents.}

Learned Government^{Pleadersubmits 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 willbe} released to the beneficiaries.

Having regard to the above^{submissions,this Writ Petition is} disposed of directing^{the respondents to releaseand paythe} retirement benefits^{i.e., Gratuity (TS)amount of Rs.B,2B,41Bl- with}

Token No.2522540244, dated 30.06.2024, Gratuity^(CS) amount of^' Rs.5,35,283/- with Token No.2522540253, dated^30.06.2024, Commutation (TS) amount of^{Rs.7,94,438/-withToken} No.2522540259, dated 30.06.2024,^{Commutation(CS) amount of} Rs.5,13,327/- with Token No.252254O269,^{dated30.06.2024,} Encashment of Earned Leave amount of^{Rs.4,95,090/- with Token} No.252291641 5, dated L4.10.2024 and^{General ProvidentFund} amount of Rs.5,16,300/- with^{Token/Ch.No.2523BO7ll5,dated} 07.02.2025 and Surrender leave amount of^{Rs.1,02,760/-with} Token No.2503244852, dated 08.04.2024,^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 costs.

Miscellarreous^{petitions pendlng,} if any, shall^st6ndclosed.

SD/.A.V.S.PRASAD AS ISTANT REGISTRAR

,TRUE COPYi/

ECTION OFFICER

To,

The spl. chief^{Principalsecretary, FinanceDepartment secretariat,} Hyderabad, State of^Telangana.

\

The Director of^{Treasuries and Accounts, Governmentof Telangana,} lnsurance Buildings, Abids,^Hyderabad.

The District Treasury^{Officer, Jayashankar Bhupalapally District'}

The Sub Treasury^{officer, Bhupalapally, JayaShankar BhupalapallyDistrict.}

The District Educational^{Officer, Jayashankar Bhupalapally District}

One CC to SRI P.UGENDER^{REDDY, Advocate} [OPUC]

Two CCs to GP FOR^{SERVICES-|||, High Court for the State of Telanganaat} Hyderabad [CtUT]

Two CCs to GP FOR SERVICES-|, High Court^{for the Stateof Telanganaat} Hyderabad [OUT]

Two CD Copies BSR GJP.s

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HIGH COURT

DATED: 281(t212025

ORDER

WP.No.5963 of 2025

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DISPOSING OF THE WRIT PETITION,

WITHOUT COSTS

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