A.Prabhaker Vs The Sate of Telangna — Writ and Judicial Review | Telangana HC (2025)

A.Prabhaker Vs The Sate of Telangna — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondents to release the six retirement-benefit bills of the petitioner - Gratuity Rs. 9,99,053/- (STO Token No.2524136233 dt.06.03.2025), Gratuity Rs. 6,00,974/- (STO Token No.2524136274 dt.06.03.2025), Commutation Rs. 10,07,837/- (printed 'Rs.1r1,07,837/-'; STO Token No.2524136193 dt.06.03.2025), Commutation Rs. 6,06,231/- (STO Token No.2524136166 dt.06.03.2025), Final EL & Half Pay Leave Encashment Rs. 6,88,456/- (STO Token No.2523362232 dt.09.12.2024) and GPF Final Payment Rs. 5,89,399/- (Token/Cheque No.2523226882 dt.21.11.2024) - as expeditiously as possible, preferably within ten (10) weeks; no order as to costs; interest @ 24% p.a. as prayed not awarded; miscellaneous petitions stand closed.

Issue for consideration

Whether the action of respondents Nos. 1-5 in not releasing the admitted pending retirement benefit payments of the petitioner (final gratuity, commutation, final earned leave and half pay leave encashment, and GPF final payment) despite the bills having been finalized and generated in the Integrated Financial Management Information System (IFMIS) is illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of the Constitution of India, and whether the respondents ought to be directed to release and pay the said amounts together with interest as claimed.

Court's answer

With the consent of both parties, the writ petition was disposed of at the admission stage, directing the respondents to release the gratuity, commutation, final earned leave and half pay leave encashment, and GPF final payment bill amounts pertaining to the petitioner.

Ratio / Principle

The release is to be effected as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of the order; there shall be no order as to costs (the claimed interest @ 24% per annum finds no place in the operative direction).

Detailed headnote1 paragraphs

Retirement dues - Writ of Mandamus under Article 226, Constitution of India - Petitioner, a retired School Assistant who retired on 30.11.2024, sought release of admitted pending retirement benefit bills generated in IFMIS, viz. final gratuity of Rs. 9,99,053/- and Rs. 6,00,974/-, commutation of Rs. 10,07,837/- and Rs. 6,06,231/-, final earned leave and half pay leave encashment of Rs. 6,88,456/- and GPF final payment of Rs. 5,89,399/-, each bearing specified STO token/cheque numbers, alleging the inaction of respondents (Finance Department, Director of Treasuries and Accounts, Pay and Accounts Officer, District Treasury Officer and Sub Treasury Officer) to be arbitrary and violative of Articles 14, 16 and 21; claim included interest @ 24% per annum. Respondents stated the bills were processed but unreleased owing to dearth of funds and would be paid per seriatim of token numbers. Held: with consent of parties, the writ petition was disposed of at the admission stage directing release of the aforesaid amounts as expeditiously as possible, preferably within ten (10) weeks from receipt of a copy of the order; no order as to costs; the interest claim was not acceded to in the operative order.

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IN THE HIGH COURT FOR THE_STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction)

THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

Between:

WRIT PET tTt N NO: 8207 oF 2025

A.Prabhaker, S/o A.Reddv .Aged about 61 years, Occ. Retd School Assistant,R/o H No 4-5-365,Beside Natiaj^iheatr";-'ehir(rpl? Sireet, ward no.45, Aditabad District-So400't (ppO tD ruo.Ot OOjiO-i)

AND

,..PETITIONER

1 Il;:f9"r"",:l*i:"i:3,,3rA?;t":fl ::+::::ffi??,[Ji"3"qf^,llx;J[o,o 2 The Director of Treasuries and Accounts, lnsurance Bulding, Abids, Hyderabad.

The Pay and Accounts Officer, O/o. Director of Treasures and Accounts, lnsurance Building, Abids, Hycierabad.^{--'- -' ' '--}

The District Treasury Officer, Adilabad, Adilabad District.

The Sub Treasury Officer, Adilabad, Adilabad District.

...RESPONDENTS

Petition under Articre 226 of the constitution of rndia praylng that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the respondents No.1 to s in not releasing admitted pending Finar payment of Gratuity Biil Amount g,99,0s3/- sro Token No.2524136233 dated 06-03-202s, and Gratuity Biil Amount 6,oo,g74rsro roken No.2524136274 dated 06-03-2025 and commutaion Biil Amount 10'07,8371- sro roken No.2s24i36193 dated o6-03-202s, and commutaion Biil Amount 6,06,231l-sro roken No.2524136166 dated 06-03-202s, and Finar ELs and Half Pay Leave Encashment Bill Amount 6,88,456i_STO Token No.2523362232 dated 09-12-2024, and GpF Finar payment Biil Amount 5'89'399/- Token and cheque No.2523226882 date 21-11-2024 and,4th respondent department issued ppo.No.01-012797tsp dated 1s-01-202s even after finalizing the bifls and having generated in rntegrated Financiar Management

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and lnformation system^{(lFMls),inspite of repeated requestsas illegal,arbitrary,} unreasonable and vic lative of Articles^{14, 16, and 21 of lhe constitution of lndia} and consequently dir€rct the^{respondents No.1 to 5 herein to release and pay the} admitted Pending Final^{payment of Gratuity Bill Amount9,99,05.31 STO Token} No.2524136233 daled 06-03-2025, and Gratuity Bill^{Amount 6,00,974I-STO} Token No.2524136274 dated 06-03-2025 and Commutaion^{Bill Amqunt} 10,07,A371- STO Token No.2524136193 dated 06-03-2025, and^{CommutaionBill} Amount 6,06,231l-ST(l Token No.2524136166 dated 06-03-2025,^{and Final ELs} and Half Pay Leave Encashment Bill Amount^{6,88,456/'STOToken} No.2523362232 dated 09-12-2024, and GPF Final^{PaymentBill Amount} 5,89,399/- Token arrd Cheque No.2523226882 date 21-11-2024^and,alons with interest @24 percenl per annum.

lA NO: 1 OF 2025

Petition under Siection 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may^{be pleased} fo direct the^{responderrtt; No.'1to 5 to releaseand pay the admitted Pending Final} payment of Gratuity ts ll Amount 9,99,053/- STO Token No.2524136233 dated 0603-2025, and Gratuity Bill Amount 6,00,974I-5T0 Token No.25241n6274 dated 06-03-2025 and Commutation Bill Amount 10,07.8371- STO Token No.2524136'193 date,d 06-03-2025, and Commutation Bill Amount 6,06,231I-STQ Token No.2524'13616,i dated 06-03-2025, and Final ELs and Half Pay Leave Encashment Bill^{Amount 6.88,456/-5T0TokenNo.2523362232dated} 0912-2024, and GPF Final Payment Bill Amount 5,89,399/- Token and Cheque No.2523226882 date 21-11-2024 and ,along with interest @24oh^per annum pending disposal of the above writ petition.

Counsel for the Petitioner : SRI RAMU NALLAMOTHU Counsel for the Respondents No.'1,2,4&5 : GP FOR FINANCE Counsel for the Respondents No.3 : SRI K.BALA KRISHNA, SC FOR AG

The Court made the following: ORDER

I I

.THE^{HON'BLESRI JUSTICE NAMAVARAPU RAJESHWARRAO}

WRIT PETITI oN^{No.82070F 2025}

ORDER:

With the consent of both the^{parties,this Writ Petitionis taken} up for disposal, at the admission^stage'

Heard Mr. N.Ramu, learned^{counsel for the petitioner,learned} Government Pleader for^{Finance appearingfor respondentNos'1, 2,} 4 and 5 and learned^{Standing Counselfor Accountant General} appearing for respondent^No.3'

Learned counsel for the^{petitioner submits that the petitioner} retired from service on^{30.11.2024and till no*,' n,, retirement} benefits were^{not released by the respondents.}

Learned Government^{Pleader submits that the bills pertaining} to the retirement benefits^{of the petitioner are alreadyprocessed'} 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.

5, Having regard to the^{above submissions, this Writ petition} is disposed of^{directingthe respondentsto release GratuityBill} Amount of^{Rs.9,99,053/-with STO TokenNo'2524136233dated}

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06.03.2025 and Gratuity Bill Amount of Rs.6,00,974l-^withSTO Token No.2524'.1.36274 dated 06.03.2025 and Commutation^Bill Amount of Rs.1r1,07,837/- with STO Token No.2524136193 dated 06.03.2025 and Commutation Bill Amount of Rs.6,06,231l-^with STO Token No.2524136166 dated 06.03.2025 and Firrial Earned Leave and llalf Pay Leave Encashment Bill Amount of Rs.6,88,456/- with STO Token No.2523362232 dated O9.t2.2024 and Gross Provident Fund Final Payment Bill Amount of Rs.5,89,399/- Token/Cheque No.2523226882 dated 21.lt.2024, pertaining to tl're petitioner, as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of this order. Therre shall be no order as to costs.

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

SD/-T. TIRUMALA^DEVI ASSISTANT REGISTRAR

//TRUE COPY//

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becrtou oFFtcER

To, 1 The Sol.Chief S;ecretary to^{Government, Finance Department' Sate of} +;rr;fi"- b;^{d n.Arnu6drarTelanganasecretariat, Hvderabad'}

2 The Director of^{Treasuriesand Accounts, lnsurancq Bulding'Abids'} Hyderabad.

The Pav and ,Arlcounts^{Officer,O/o.Director of Treasures and Accounts'} Insuran'ce Builc^{ing,Abids,Hyderabad.}

The Diskict^{Treasury Officer, Adilabad, Adilabad District}

The Sub^{TreaslryOfficer, Adilabad, AdilabadDiskict}

6 One CC to^{SRIRAMU NALLAMOTHU,Advocate [OPUC]}

TTyvoCCstoGF'FORFINANCE,HighCourtfortheStateofTelangana[OUTI

One CC^{to Stll K} BALA^{KRISHNA, SC FOR AGIOPUCI}

Two^{gP CoPie,;} (fr

HIGH COURT

RRN,J

DATED:2010312025

CC TODAY

ORDER

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WP.No.8207 afi 2025

DI SPOSING OF THE^{WRIT PETITION} WITHOUT COSTS (Azffi)"'-