Smt. Rajamma v. The State of Telangana
Court: High Court for State of Telangana
Bench: ABHINAND KUMAR SHAVILI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-09-30. Smt. Rajamma v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 11989 OF 2020 Between: Smt. Rajamma, W/o. Sayamma, Hindu, aged about 60 years, Occ Retired Women lVlazdoor, SRSP Project, Pochampad, Nizamabad Drstrict, R/o. Pochampad, Nizamabad District. .. ,PETITIONER AND 1. The State of Telangana, represented by its Principal Secretary to Government, lrrigation and Command Area Development (Ser. lV) Department, Secretariat Buildings, Hyderabad-500 022. 2. The Superintending Engineer, lrrigation and Command Area Development Department, G. V. Circle No. 1, Sriramsagar Project, Nizamabad District. 3. The Executive Engineer, Division No. 2, GVC-1 , Sriramsagar Project, Pochampad' Nizamabad District ... RES'.
NDENTS Petition under Article 226 of lhe 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, more particularly a Writ of [/landamus declanng the action of the respondents in not paying the pension and other retirement pensionary benefits to the petitioner despite her retirement from service on 30 06. 2019 as highly illegal, arbitrary, unjust, in violation of Articles 14 and 2'1 of the Constitution of lndia and unconstitutional, and consequently direct the respondents to pay the pension and other retirement pensionary benefits and continue to pay the pension to the petitioner immediately lA NO: 1 OF 2020 Petition under Section 'l 51 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 release the arrears of pension since 1 . 7.
20'19 and continue to pay the pension to the petitioner forthwith, pending disposal of the above writ petition Counsel for the Petitioner: SRl. K. V. RAJENDRA PRASAD Counsel for the Respondents: GP FOR SERVICES-ll The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No . l 1 989 of 2020 ORDER: This writ petition is being disposed of ot the odmission stoge with the consent of both porlies. This writ pelition is filed seeking the following relief : ".... to issue a writ, order or direction, more particularly a Writ of Mandamus dectaring the action of the respondents in not paying the pension and other retirement pensionary benefits to the petitioner despite her retirement from service on 30. 06.
2019 as highty ittegat, arbitrary, unjust in viotation of Articles 14 and 71 of the Constitution of lndia and unconstitutionat and consequentty direct the respondents to pay the pension and other retirement pensionary benefits and continue to pay the pension to the petitioner immediatety.... ". Heord Sri K. V. Rojendro Prosod, leorned counsel oppeoring for the petilioner ond the leorned Governmenl Pieoder for Services-ll. llhos been contended by the petitioner fhot she worked os o Womon Mozdoor with the respondents ond she hos retired from service on oltoining the oge of superonnuoiion on 30. 06. 2019. The grievonce of lhe petilioner is thot though she hos retired on 30. 06.
201 9, the respondents ore neilher processing her pension popers nor sonctioning pension Therefore, leorned counsel for the peiitioner submitled thol oppropriote orders be possed in the writ petition directing the respondents to process the pension popers of the petilioner ond olso sonclion penslon lo the petitioner. Leorned Government Pleoder oppeoring for lhe respondents submils thot Audit outhorities hove returned the pension file of the petilioner roising certoin objections. However. the respondenls ore toking steps to re-submit pension popers of lhe petilioner ond lhe pension popers of lhe pelitioner would be processed wilhin o reosonoble period of lime, preferobly wilhin o period of lhree months ond lhe pension would be sonclioned io the petitioner in occordonce with the Rules.
This Court, hoving considered the rivol submissions mode by lhe leorned counsel for the porties, is of the considered view lhot this writ pelition con be disposed of directing ihe respondents to process the pension popers of the pelitioner ond olso poy pension to lhe pelitioner wilhin o reosonoble period of time, preferobly within o period of three months from lhe dote of receipl of o copy of this order. With the obove directions, the writ petition is disposed of No order os to costs. Pending miscelloneous pelitions, if ony, sholl stond ctosed SD/. N. CHANDRA SEKHAR R ASSISTANT REGI R //TRUE COPY// SECTIO OFFICER To 1. The Principal Secretary to Government, lrrigation and Command Area Development (Ser. lV) Department, State of Telangana, Secretariat Buildings, Hyderabad-500 022. 2. The Superintending Engineer, lrrigation and Command Area Developmenl Department, G. V. Circle No. 1, Sriramsagar Project, Nizamabad District. 3. The Executive Engineer, Division No.
2, GVC-1, Sriramsagar Project, Pochampad, Nizamabad District 4. One CC to Sri. K. V. Rajendra Prasad, Advocate [OPUC] 5. Two CCs to GP for Services-ll, High Court for the State of Telangana, Hyderabad (OUT) 6. Two CD Copies Kj. ,\) HIGH COURT DATED:3010912020 sI^rc z o ocl 2u0 ! ' 20 r// q * ,// ORDER WP. No. 11989 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. qc, \ 3cc-ile'J _i>k I }c. )c +o\o
Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.