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2025 Supreme(Online)(TEL) 354

THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.1020 OF 2025

ORDER:

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

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not releasing the retirement benefits of the petitioner like Gratuity, General Provident Fund, Encashment of Earned Leave, commutation etc., for the last over (5) months without any justification or reasonable cause even though the Accountant General, Telangana has already authorized the pension and other retirement benefits and also generating cheques by the Pay and Accounts Officer for the amounts which have to be paid to the petitioner consequent on his retirement is as illegal, arbitrary, unjust, in-human, cruel and violative of Articles 14, 16, 21 and 300- A of the Constitution of India and consequently direct the respondents to release the retirement benefits of the petitioner with interest @ 8% per annum from 1-8-2024 to the date of release of the amounts…”

3. Heard Sri A.Tirupathi Goud, learned counsel for the petitioner, learned Government Pleader for Services-III, appearing for respondent No.1 and learned Government Pleader for Home, appearing for respondent Nos.2 and 3.

4. Learned counsel for the petitioner submits that the petitioner, after serving 40 years of service, retired from service in the capacity of Assistant Sub-Inspector of Police on 31.07.2024 on attaining the age of superannuation. Thereafter, the petitioner has submitted his pension proposals to the respondents for sanction of pension. Considering the same, the Principal Accountant General, Telangana, vide its letter No.AG(A&E)/P17/III/S- 496/SP297/2024-06/1175, dated 11.07.2024, sanctioned retirement benefits to the petitioner and based on the same, Pay & Accounts Officer, Hyderabad issued cheques bearing Nos.2523168092 and 2522894110 for Rs.13,85,288/- and Rs.3,87,262/- respectively. However, in spite of lapse of five (5) months from the date of retirement of the petitioner, the respondents are not releasing the retirement benefits. Therefore, learned counsel for the petitioner prays this Court to issue a direction to the respondents to release retirement benefits of the petitioner pursuant to letter No.AG(A&E)/P17/III/S-496/SP297/2024-06/1175, dated 11.07.2024, issued by the Principal Accountant General, Telangana as well as cheques bearing Nos.2523168092 and

2522894110 for Rs.13,85,288/- and Rs.3,87,262/-

respectively.

5. Learned Government Pleader for the respondents submits that in pursuance of letter No.AG(A&E)/P17/III/S- 496/SP297/2024-06/1175, dated 11.07.2024, the respondents will release the retirement benefits to the petitioner. However, he prays this Court to grant twelve (12)

weeks time in this regard.

6. Having regard to 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 retirement benefits to the petitioner in pursuance of letter No.AG(A&E)/P17/III/S-496/SP297/2024- 06/1175, dated 11.07.2024, issued by the Principal Accountant General, Telangana as well as cheques bearing Nos.2523168092 and 2522894110 for Rs.13,85,288/- and Rs.3,87,262/- respectively, strictly in accordance with law, 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.

Miscellaneous petitions pending, if any, shall stand closed.

______________________________

JUSTICE PULLA KARTHIK Date : 09.01.2025 Note :

Issue C.C. in one week.

(B/o) YVL

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