P. Gangaiah Vs The State of Telangana

P. Gangaiah, S/o P. Shivaiah, age 61^{years, Occ'Retd.Process Server, in Prl' Junior} Civil Juige s Court, Armoor R/oRamnager,^{Armoor, Nizamabad Dist' Telangana.}

¶10

.....PETITIONER

¶11

AND

¶12

The State of Telangana, Rep. by^{its Spl. Chief Secretaryto} Qov-em1ent, Finance Department, Dr.B.R.Ambedkar^{Telangana Secretariat, Hyderabad.}

¶13

The Deputy Director, District^{Treasury Officer,DistrictTreasuryOffice,} Nizamabad District, Hyderabad.

¶14

The State Treasury Office, Treasuries^{and Accounts Department, Armoor,} Nizamabad District.

¶15

The Principal Junior Civil Judge,^{Armoor, NizamabadDistrict,Telangana.} (Respondent No.4 is formal PartY)

¶16

.....RESPONDENTS

¶17

Petition Under Article 226 of the^{Constitutionof lndia praying that in the} circumstances stated in the affidavit^{filedtherewith,the High Court may be} pleased to issue a writ, order or direction rnore^{particularlyone in the nature of} writ of Mandamus declaring action^{of the respondentsNo.1 to 3 herein in not} releasing admitted GPF bill amount^{of Rs.7,54,237l-videToken No' 2459132928'} dated 12.3.2O24 Commutation amount^{to the tune of Rs.14,53,6331 vide Token} No. 2458182336 and 245812338,^{dated '18..3.2024,and Gratuity amount of} Rs.15,15,789/- vide Token No.2458'182339^{and 2458182334,EarnedLeave} encashment for Rs.10,15,434t- vide token^{No. 2457629330, even after finalising} the bill and having^generated in^{Comprehensive Financial ManagementSystem} (CFMS), inspite of repeated requests as illegal,^{arbitrary, unreasonableand}

¶18

7

¶19

violative to Articles 14,16 and 21 of the Constitution of lndia, and consequently direct the respondent No.1 herein to release and pay the admitted Commutation amount of Rs.12,23,802/-vide Token No. 2518641395 Oatedj\2.7.2024, Commutation amount of Rs.4,31 ,8321- Da1ed.12.7.2024, and Gratuity amount of Rs.11,82,6791 vide Token No.2518641285 Dated.12.7.2024, Gratuity amount of Rs.4,17,321 vide Token No.2518641354 Dated.12.7.2024, GPF bill amount of Rs.-28,42,690- vide Token No, 2522973347, dated 22.10.2024, Encashment of Earned Leave Bill amount of Rs.11,'16,980/- vide Token No.2522521557 Dated.24.8.2024.

¶20

|.A.NO:1 OF 202s

¶21

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 respondent Nos.1 to 3 to release the admitted Commutation amount of Rs.12,23,802/- vide Token No. 2518641395 Da1ed.12.7.2024, Commutation amount of Rs.4,31,8321- Dated.12.7.2024, and Gratuity amount of Rs.11,82,679/vide Token No.25'18641285 Dated.12.7.2024, Gratuity amount of Rs.4,17,321 vide Token No.251864'1354 Dated.12.7.2024, GPF bill amount of Rs.28,42,690vide Token No,2522973347, dated 22.10.2024, Encashment of Earned Leave Bill amount of Rs.11,16,980/- vide Token No.2522521557 Da1ed.24.8.2024, pending disposal of the writ petition.

¶22

Counsel for the Petitioner : SRI V.RA.rA SHEKAR REDDY

¶23

Counsel for the Respondent Nos.1 to 3 : GP FOR SERVICES-III

¶24

Counsel for the Respondent No.4 : -

¶25

The Court made the following ORDER

¶26

7

¶27

THE HON'BLE SRI JUSTICE PULLA KARTHIK

¶28

WRIT PETITION No.919 oF 2025

¶29

ORDER:

¶30

With the consent of both the parties, the Writ Petition is disposed of at the stage of admission itself.

¶31

This Writ Petition, under Article 226 of the

¶32

Constitution of India, is filed seeking the following reliel

¶33

"...to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of respondent Nos. I to 3 herein in not releasing admitted GPF bill amount of Rs.7,54,237 /- vide Token No.2459132928, dated 12.03.2024, Commutation amount to the tune of Rs-14,53,633/- vide Token No.2458182336 alnd 245812338, dated 18.03.2024 and Gratuity amount of Rs.I5,15,789l- vide Token No.2458182339 and 2458182334, Earned Leave encashment for Rs.10,15,434/- vide token No.245762933O, even after finalizing the bill and having generated in Comprehensive Financial Management System (CFMS), in spite of repeated requests, as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 2l of the Constitution of India, and consequently direct the respondent No.l herein to release and pay the admitted Commutation amount of Rs.12,23,aO2/- vide token No.2518641395, dated 12.Q7 .2024, Commutation amount of Rs.4,31,832/-, dated 12.O7.2024 and Gratuity amount of Rs. 1 1,82,679/ -vide Token No.2518641285, dated 12.07.2024, . Gratuity amount of Rs.4,17,321/- vide Token No.2518641354, datd 12.07.2024, GPF bill amount of Rs.28,42,690/- vide Token No.2522973347, dated 22.10.2024, Encashment of Earned kave Bill amount of Rs. 11,16,980/- vide Token No.2522521557, dated 24.08.2024..."

¶34

Heard Sri V.Raja Shekar Reddy, learned counsel

¶35

appearing for the petitioner and learned Government Pleader

¶36

for Services-Ill appearing for respondent Nos.l to 3.

¶37

Learned counsel for the petitioner submitted that the petitioner has retired from service on 30.04.2024 on

¶38

2

¶39

attaining the age of superannuation, while working as Process Server in the Court of Principal Junior Civil Judge, Armoor, Nizamabad District. Thereafter, the petitioner has submitted pension papers for settlement of retirement benefits including Iinal payment of General Provident Fund Balance as per G.O.Ms.No.26 1, dated 28.01.1989. On receiving letter from the officials concerned, respondent No.2 issued proceedings authorizing respondent No.3 for payment of a sum of Rs.28,42,69O/-. For leave encashment of Rs. 11,16,980/-, proceedings were issued and the sarne was admitted and pending for payment since 23.08.2024. Similarly, payment of Commutation and Gratuity amounts was processed by respondent No.2. Learned counsel further submitted that'the bills relating to Commutation, Gratuity, GPF and EL Encashment, dated 12.07.2027, 24.08.2024 and 22.1O.2024 respectively, in respect of the petitioner are pending with the Government and till today, the respondents have not paid aforementioned amounts and hence, the petitioner seeks a direction to the respondents to release the admitted amounts pursuant to the aforesaid Token numbers.

I

3

I I

I I

On the other hand, learned Government pleader submits that the respondents will release the amounts in pursuance of aforesaid Token numbers and he seeks twelve (1.2) weeks' time.

¶45

In view of the submissions made by learned counsel for respective parties, without going into the merits of the case, the Writ Petition is disposed of directing the respondents to release the admitted Commutation amount of Rs.12,23,8O2/ - uide Token No. 2518641395 dated L2.O7 .2024, Commutation amount of Rs.4,31,832/- uide Token No.2518641428 dated 12.07.2024, Gratuity amount of Rs.11,82,679 /- uide Token No.2518641285 dated 12.07.2024, Gratuity amount of Rs.4, 17,321 1- uide Token No.2518641354 dated 12.7.2024, GpF bill amount of Rs.25,42,69O/- uid.e Token No.252292334T dated 22.LO.2O24, Encashment of Earned Leave Bill amount of Rs. I1,16,980/- uide Token No.2S22S2ISSZ dated 24.O8.2024, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

¶46

4

¶47

Miscellaneous petitions if any, pending in this writ

¶48

petition shall stand closed.

¶49

SD/. T.TIRUMALA DEVI ASSISTANT REGISTRAR

//TRUE COPY//

sECt'loN OFFTCER

To

The Special Chief Secretary to Govemment, Finance Department,

¶54

Dr.B.R.Ambedkar Tetangaria S"";d;;i, Si;iu #t"r"ngun" ar Hyderabad

¶55

1. The Deputy Director. D i;tricaTre;s-u ;'6ih;;:"D;Jd"t rreasury office,

¶56

^^{Njzamabad District, Hyderabad.}

¶57

. office, Treasuries and Accounts Department, Armoor,

¶58

,ll)"";5;:J Bff#JI

¶59

4' u The Principar Junior civir J.ud^ge, Armoor, Nizamabad District, Teranqana. IV0""P"",,",1? Siio*^{sERtriEb-iii: iish'i;;ffi;'"thestateor rerinsana} at

¶60

6 One CC to SRt V.irnln SHEKAR REDDy, Advocate tOpUCl 7. Two CD CopiesTwo CD Copies

¶61