Petitioner, an Attender to the Chairman of the Telangana State Minorities Commission, sought unpaid salaries from his date of appointment. The court held no mandamus lay since the grievance had never been represented to the authorities, and directed the petitioner to make a representation for consideration within fixed timelines.
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132521
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PET to N I 5 F 202
Betlreen:
Khaleeq,Mohiuddin Ansjli, -C^/o,_MohdAbdut eayyum Ansari, Aged . 3.t years, Occ. I9p9.lrl.::9letaryof rsMC, R/o.H.No12_Z-7s0t62, Ftat N-d-301,MustafaCity uorqny, Mehdrpatnam, Asif Nagar, Hyderabad, Telangana_500028.
,..PETtTtONER
AND
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2 The Chairman, Telangana State Minorilies Commlpglon, HMW6SB, Rear Block, 4th Floor, Khalhabad, Hydr:abad, fS.
...BESPONDENTS
Petition under Articre 226 of the constitution of rndia praylng that in the circumstances stated in the affidavit filed therewith, the High court may be pleased toto issue a writ order or direction and more particularly one in the nature of writ of Mandamnus declaring the action of Respondant No,2 in not paying the unpaid salary of the Peititoner from dated 08-05-2023 till dated 30-11-2024 i9 arbitrary, illegal and unconstitutional and consequently direct remit thg unp4iQ Salaries of the Petitioner stating from 08-05-2023 to till dated tq the credit of Respondent No.2 Authority and with a further direction to Respondent No.2 to pay
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with immediate effect the unpaid salary of thepetitioner uponreceipt of such credit from Resporrdent No.3 to 5 Authority.
lA NO: 1 OF 2025
Petition under Section 151 CPCpraying that in the circumstaneesptatedin the affidavit filed in supportof thepetition, theHigh Court may !epliase{ lopaqS inte!'im Cirectionby direqtilg Respgndant Nq.2to !pqy the qnpald Falaryof tle Peititoner from da:ed 08-05-2023 till dated 3O-11-2024 and pending disposBl of the above writpetilion.
Cognsel for: the Petitioner : SBI SUBRAM|NYAII4 DARABOINA
Qounselforthe Respondent No.1&4: GP IORGENERALAPMINI9IRAIION Cgunse! for the Respondent No.2&3 : AS$T.GP FOR SOCIAL WELFARE
Qounse!for theRespondent No.5 :GPFQB FINANCE &PI-'ANNING
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The Court made the following: ORDER
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HON'BLE MRS. JUSTICE SUREPALLI NANDA -
WRIT PETITION No.915 OF 2025
ORDER:
Heard Sri Subramanyam Daraboina, learned counsel appearing on behalf of the petitioner, learned Government Pleader for General Adrninistration appearing on behalf of respondent No.1, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.2 and 3 and learned Government Pleader for Financc {'.:l and Planning appearing on behalf of respondent No.5.
2. The petitioner approached the Court sedking prayer as under:
"--.to issue a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of Respondent No.2 in not paying the unpaid salary of the Petitioner from dated 08-052023 till dated 30-11-2024 is arbitrary, illegal and u ncon stitutiona I and consequently direct to remit the unpaid salaries of the petitioner stating from 0B-052023 to till date to the credit of Respondent No.2 Authority and with a further direction to Respondent No. 2 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent Nos.3 to 5 Authority and to pass...".
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SN, J wP 915 2025
The Chairman, Telangana State Minorities Commission had represented in respect of the petitioner and other working staff of the 2nd respondent commission and also approached this Court by filing W.P. No. 536 of 2025 seeking a direction to consider the petitioner's representations dated 18.10.2023 and 2'.t.12.2e23 for release of the salary of the petitioner thereunder in W.p. No. 536 of 202Ii and also submitted the representations for release of salaries ialong with arrears for the working staff of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 yrde order dated 07.0L.2025, directing the respondent Nos.2 to 5, thereunder to consider the
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SN, J wP 915 2025
g1levance of the petitioner thereunder as put forth in the said represe ntatio ns.
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The petitioner herein also seeks similar relief for release of payment of arrears due to the petitioners since the date of appointment i.e. from 08.05.2023 as Attender to the Chairman, Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month. Hence the petitioner approached this Court by filing the present writ petition.
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6. Takino into onsideration :
(a) The facts and circumstances of the case,
(b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social Welfare,
(c) The fact as borne on record that the petitioner had not represented as on date and put forth the grievance of the petitioner as put forth in the present writ petition seeking release of petitioner's unpaid salaries since the date of petitioner's appointment i.e from O4.O5.2023 as Attender to the Chairman, Telangana State M inorities Commission,
(d) The order of this Court dated 07.OL.?O2S passed in W.P, No. 535 ol 2O25 filed by OSD - Chairman, Telangana State Minorities Commission,
This Court opines that no Writ of Mandamus as prayed for by the petitioner can be issued, since there is
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no inaction on behalfof respondents in considering the grievance of thepetitioner herein as allegedby the petitioner, since even accordingto the petitioner,the grievance of thepetitionerhad not been communicated by the petitioner to the2nd respondent herein as on date'
The writ petition is howeverdisposed of directing the petitioner to makea representation to the respondent Nos.2 to 5 seekingrelease of unpaid salaries of the petitioner since thepetitioner's appointmentas Attender to the Chairman, TelanganaState MinoritiesCommission i.e. from 08.05.2023and to continueto pay the salariesto the petitioner regulartywithin a period of one (1) week from the date of receiptof a copy of this order'Upon the petitioner making such representationto the respondent Nos.2 to 5, the respondentNos.2 to 5 shall considerthe said representationof the petitioner in accordanceto law, and pass appropriateorders within one (O1) week thereafter andduly communicate the decisionto the petitioner on the said representation'However, there shall be no order as tocosts.
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The miscellaneous applications, pending if any, shall stand
closed.
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SD/.L. LAKSHMIBABU ASSa\ ISJANT REGISTRAR
,/TRUE COPY// II $ecrtoru oFFtcER
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B Two CCs toGP FORSO9IAL WELFARE, HighCourt for the StateQf TelangEna [QUT]
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HIGH COURT
DATED:18t02t2025
CC TODAY
ORDER
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t4lP.No.915 of 2025
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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2 issues framed by the court
Whether a writ of mandamus could issue for unpaid salary where the petitioner had made no representation to the respondent authority.
Whether the respondents should be directed to consider the petitioner's representation for release of unpaid salaries.
2 provisions across 2 enactments
Khaleeq Mohiuddin Ansari
The State of Telangana, Rep. by Prl. Secretary to Government, GAD
The Chairman, Telangana State Minorities Commission
The State of Telangana, Rep. by Prl. Secretary to Government, Minorities Welfare Department
The State of Telangana, Rep. by Chief Secretary to Government
The State of Telangana, Rep. by Prl. Secretary to Government, Finance Department
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
