M.Mallaiah Vs The-State of Telangana — Writ and Judicial Review | Telangana HC (2025)

M.Mallaiah Vs The-State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Respondents 1 to 5 directed to release and pay the petitioner's retirement benefits, namely Gratuity (TS) of Rs.4,08,517 (Token No.2522818470), Gratuity (CS) of Rs.7,83,410 (Token No.2522818452), Commutation (TS) of Rs.3,91,767 (Token No.2522818486), Commutation (CS) of Rs.7,51,289 (Token No.2522818478), Encashment of Earned Leave of Rs.4,72,330 (Token No.2523886920) and AGGPF final payment of Rs.12,81,846 (Token/Cheque No.2523963927), as expeditiously as possible, preferably within ten (10) weeks from the date of receipt of a copy of the order; no order as to costs; miscellaneous petitions, if any, stand closed. The operative order contains no direction regarding the interest at 24% per annum sought in the petition.

Issue for consideration

Whether the action of the respondents in not releasing and paying the petitioner's retirement benefits, namely Gratuity (TS) of Rs. 4,08,517 (Token No.2522818470), Gratuity (CS) of Rs.7,83,410 (Token No.2522818452), Commutation (TS) of Rs. 3,91,767 (Token No. 2522818486), Commutation (CS) of Rs. 7,51,289 (Token No. 2522818478), Encashment of Earned Leaves of Rs.4,72,330 (Token No.2523886920) and AGGPF final payment of Rs.12,81,846 (Token/Cheque No. 2523963927), is illegal, arbitrary, unfair, unjust and discriminatory, warranting a writ of mandamus directing release and payment. +1 more

Court's answer

Having regard to the submissions of both sides, the writ petition is disposed of directing the respondents to release the petitioner's retirement benefits, namely Gratuity (TS) of Rs.4,08,517 (Token No.2522818470), Gratuity (CS) of Rs.7,83,410 (Token No.2522818452), Commutation (TS) of Rs.3,91,767 (Token No.2522818486), Commutation (CS) of Rs.7,51,289 (Token No.2522818478), Encashment of Earned Leave of Rs.4,72,330 (Token No.2523886920) and AGGPF final payment of Rs.12,81,846 (Token/Cheque No.2523963927).

Ratio / Principle

The release of the said amounts is to be made as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of the order.

Key takeaways

There shall be no order as to costs.ratio¶36
Miscellaneous petitions pending, if any, shall stand closed.ratio¶37

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Namavarapu Rajeshwar Rao, J.; order dated 02-04-2025) disposed of W.P. No. 9803 of 2025 at the admission stage, with the consent of both parties. The petitioner, Mallaiah S/o M. Mallesham, a retired Hostel Welfare Officer of a Government BC Hostel, Siddipet district, who retired from service on 30.06.2024, sought a writ of mandamus under Article 226 of the Constitution declaring illegal and arbitrary the respondents' failure to release and pay his retirement benefits, and directing payment with interest at 24% per annum from the date of retirement. The learned Government Pleader for Finance submitted that the bills pertaining to the retirement benefits had already been processed, but the amounts could not be released on time owing to dearth of funds, and that amounts would be released as per the seriatim of the token numbers. Disposing of the petition, the Court directed respondents 1 to 5 to release Gratuity (TS) of Rs. 4,08,517 (Token No.2522818470), Gratuity (CS) of Rs. 7,83,410 (Token No.2522818452), Commutation (TS) of Rs. 3,91,767 (Token No.2522818486), Commutation (CS) of Rs. 7,51,289 (Token No.2522818478), Encashment of Earned Leave of Rs. 4,72,330 (Token No.2523886920) and AGGPF final payment of Rs. 12,81,846 (Token/Cheque No.2523963927) as expeditiously as possible, preferably within ten (10) weeks from the date of receipt of a copy of the order. There was no order as to costs, and miscellaneous petitions, if any, stood closed. The operative order does not reflect the interest at 24% per annum sought in the petition.