M.NAGESWARA RAO v. The State of Telangana

Court: High Court for State of Telangana

Bench: K. SARATH

Judgment date: 2026-04-17

Case summary

High Court for State of Telangana judgment dated 2026-04-17. M.NAGESWARA RAO v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3302 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 11496 OF 2026 Between: M. Nageswara Rao, S/o M. Veeraiah Age 61 years Retired LFL Head Master Fyo 3-17l1 Enkoor Village & Mandal Khammam District ... PETITIONER AND 1. The State of Telangana, Rep by its Principal Secretary to Government Finance Department Dr. B. R. Ambedkar Telangana State Secretariat Hyderabad 2. The Commissioner of School Education, Telangana State Hyderabad 3. The Director of Treasuries and Accounts, Telangana Hyderabad 4. The District Treasury Officer, Khammam Khammam District 5. The Sub Treasury Officer, Wyra Khammam District ...

RESPONDENTS i 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 a writ order or direction especially one in the nature of Writ of Mandamus declaring that; a) the action of the Respondents in not making payment of terminal benefits to the Petitioner in pursuance of letter/ proceedings issued by the Principal Accountant General (A&E), Hyderabad in Lr. No. AG(A&E/P18/llUN443iSP900l2026- I 0114058 dated 27. 01. 2026 is illegal, arbitrary and discriminatory, violating Article 14,16 i and 300-4 of the Constitution of lndia. b) further declare that, the Respondents shall forthwith release all terminal benefits payable to the Petitioner including Death-cum- I Retirement, Gratuity, Commutation of Pension, General Provident Fund amount and encashment of Eamed Leave and Earned Leave amount and other benefits in pursuance of his retirement dated 28. 02.

2026 and the proceedings in Lr. No. AG(A&E)/P18/lll/N-443/SP9OOI2O26-O114058 dated 27. O't. 2026 of the principat Accountant General (A&E), Hyderabad viz. , an amount of Rs. 16,00,000/- sanctioned ry towards retirement gratuity viz. , Rs. 1 ,29,0301 sanctioned vide Token No. 2603720545 '12. 03. 2026 dated and Rs. 14,70,9701- sanctioned vide Token No. 2603720720 dated 12. 03. 2026 respectively, further an amount of Rs. 21,85,3054 sanctioned towards Commutation Value of Pension viz. , Rs. 1,76,2311 sanctioned vide Token No. 2603720599 dated 12. O3 2026 and Rs. 20,09,0741 sanctioned vide Token No. 2603720696 dated 12. 03. 2026 respectively, the Service Pension of the Petitioner was fixed as Rs. 56,2551, Final Encashment of Leave amount of Rs. 8,59,446/-sanctioned vide Token No. 2603736638 dated 12. 03. 2026, GPF amount of Rs. 18,94,1481- sanctioned vide Token No. 2603745601 dated 13. 03. 2026, GIS amount Rs 68,9421 sanctioned vide Token No. 2603691927 dated 1 1 . 03.

2026 and PRC arrears amount of Rs. 2,95,194/- sanctioned vide different token numbers on 11. 03. 2026. c) the Respondents have no right or power to withhold the terminal benefits payable to the Petitioner after his retirement. l. A. NO: 1OF 2026 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 Respondents to forthwith release all the terminal benefits payable to the Petitioner in pursuance of the Lr. No. AG(A&E)/P18/ll|/N-443/SP90O12026-0114058 dated 27. 01 . 2026 of the Principal Accountant General (A&E), Hyderabad viz. , an amount of Rs. 16,00,0001 sanctioned towards retirement gratuity viz. , Rs. 1,29,0301 sanctioned vide Token No. 2603720545 dated 12. 03. 2026 and Rs. 14,7O,9701- sanctioned vide Token No. 26037 2O720 dated 12. O3. 2026 respectively, further an amount of Rs. 21,85,305/- sanctioned towards Commutation Value of Pension viz. , Rs. 1,76,231l- '12. 03.

2026 sanctioned vide Token No. 2603720599 dated and Rs. 20,09,074L sanctioned vide Token No. 2603720696 dated 12. 03-2026 respectively, the Service Pension of the Petitioner was flxed as Rs. 56,2551, Final Encashment of Leave amount of Rs. 8,59,446/- sanctioned vide Token No. 2603736638 dated 12. 03. 2026, GPF amount of Rs. 18,94,1481 sanctioned vide Token No. 2603745601 dated 13. 03. 2026, GIS amount Rs. 68,942/- sanctioned vide Token No. 2603691927 dated 11. 03. 2026 and PRC Arrears amount of Rs. 2,95,194/- sanctioned vide different token numbers on 11. 03. 2026 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI G. MALLIKARJUNA SARMA Counsel for the Respondents: GP FOR SERVICES lll The Court made the following: ORDER w IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K. SARATH WRIT PETITION No. 11496 of 2o26 THE 17TH DAY OF APRIL 2026 Between: M. Nageswara Rao. ... Petitioner AND The State of Telangana, Rep.

by its Principal Secretary to Government, Finance Department and oLtrers. . ,. Respondents ORDER: Heard Sri G. Mallikarjuna Sarma, learncd counsel for the petitioner, learned Assistant Government Pleader for Services-lll appearing for the respondents and perused the material on record. With their consent, this Writ Petition is taken up for disposal at the stage of admission itself. 2. Learned counsel for the petitioner submits that the petitioner filed the instant petition writ questioning the action ol the respondenLs in not releasing the petitioner's retiral benehts, despite token numbers having already been raised by the respondent authorities lor payment of the amounts payable to the petitioner. 3. Learned counsel lor the petitioner further submits that the lis raised in the present Writ Petition has already been adjudicated by thc Division Bench ol this Court in W. P. No. 23138 ol 2025. rvhich rvas disposed ol uide order dated 03. 09.

2025, and thus prayed to pass a similar order in the present Writ Petition also 4. Learned Assistant Government Pleader for Services-III did not dispute the submissions made by learned counsel for the petitioner with regard to the disposal of W'P. No-23138 of 2025 dated 03. 09. 2025 and submits that the respondents will release the amounts on a priority basis ol the token numbers and prayed this Court to pass appropriate orders. 5. Having regard to the above made submissions and for the reasonsalikeinthe<lrderdated03. og. 2o25passedbythe Division Bench of this Court in W. P. No.

23 138 ol 2025, this Writ Petition is disposed of directing the respondents to ensure that the entire amount payable to the petitioner is released as expeditiously as possible, preferably within a period ol six (6) weeks from today, failing which, the entire amount with regard to the retiral benehts shall carry interest at the rate of 1O%o per annum, from the date the amount fell due, till the actual date of rts payment. Miscellaneous petitions pending, if any, in this Writ Petition, shall stand closed. There shal1 be no order as to costs :l SD/. P. C. SULEKHA DEVI ASSISTANT REGIS /ffRUE COPY// I SECTION OFFICER To, il 1. The Principal Secretary to Government Finance partment The State of I Telangana, Dr B. R. Ambedkar Telangana State Secre at Hyderabad 2. The Commissioner of School Education, Telangana State Hyderabad 3. The Director of Treasuries and Accounts, Telangana Hyderabad I 4. The Diskict Treasury Officer, Khammam Khammam District 5.

The Sub Treasury fficer, Wyra Khammam District I 6. One CC to SRI G. MALLIKARJUNA SARMA, Advocate [OPUC] 7. Two CCs to GP FOR SERVICES lll, High Court for the State of Telangana tOUI ! B. Two CD Copies BN GJP CC TODAY HIGH COURT DATED: 1710412026 Til-- a ,1R 14 t ' ', . rt' , i-) t. a-' -.. 't ,{ i l,iN 28? t ',,'+ ORDER \:.. - *. \:l'{'r::1th . i ! -'\ i -r. - L - ^rr\. r WP. No. 11496 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \"\,b

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