(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY

:PRESENT: THE HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION NO: 13042 OF 2020

Between:

Y.Issac, S/o. Moses,

Petitioner

AND

• 1. Telangana Social Welfare Residential Educational Institutions Society, Rep. by its Secretary, Hyderabad.
• 2. The State of Telangana, Rep. by its Principal Secretary, Social Welfare Department, Telangana Secretariat, Hyderabad.
• 3. Principal, Telangana Social Welfare Residential School and Junior College(Boys), Husunabad, Siddipet District.
• 4. Accountant General, Telangana State, Hyderabad.

Respondents

WHEREAS the Petitioner above named through his Advocate Sri M.Venkat Ram Reddy, presented this petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly one in the Writ of Mandamus, to declare the Memo Rc.No.Pension/105635/17/7/2018 dated 27-12-2018 on the file of 1^st respondent as illegal, unjust, unreasonable and violation of Article 14 of Constitution of India and contrary to law laid down by the Hon'ble Supreme Court in Civil Appeal No.11527 of 2014 and batch arising out of SLP(C.No.11684 of 2005) dated 18-12-2014 in the case of State of Punjab and others etc., Vs. Rafia Masih(whiter washer) etc., and thereby set aside the Memo Rc.No.Pension/105635/17/7/2018 dated 27-12-2018 on the file of 1^st respondent and consequently direct the respondents No.1 and 2 to sanction and take all other steps for payment of pension, gratuity and other retirement benefits to the petitioner without any recovery in pursuance to the petitioner's application and the 3rd respondent's proceedings dated -03-2018;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri M. Venkat Ram Reddy, Advocate for the Petitioner, directed issue of notice to the Respondents herein returnable in six weeks to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Secretary, Telangana Social Welfare Residential Educational Institutions Society, Hyderabad.
• 2. The Principal Secretary, Social Welfare Department, State of Telangana, Telangana Secretariat, Hyderabad.
• 3. The Principal, Telangana Social Welfare Residential School and Junior College(Boys), Husunabad, Siddipet District.
• 4. The Accountant General, Telangana State, Hyderabad.

are directed to show cause on or before 30-9-2020 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2020:

Petition under Section 151 of CPC, praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No.1 and 2 to forthwith to sanction the service pension, gratuity and other retirement benefits to the petitioner as per the 3^rd respondent's proceedings dated -03-2018 without recovering any amount by suspending the Memo Rc. No. Pension/105635/17/7/2018 dated 27.12.2018 on the file of $1^{st}$ respondent, pending disposal of WP No. 13042 of 2020, on the file of the High Court.

The Court made the following: ORDER:

"Notice before admission returnable in six weeks.

It is alleged that though petitioner retired from service on 30.11.2016, so far retirement benefits are not paid and pension is not determined only on the ground that earlier excess pay fixation was made and the amount was required to be recovered.

Pending consideration of the issue, the respondents are directed to fix anticipatory pension and release the same to the petitioner as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order.

Post on 30.09.2020."

//TRUE COPY//

Sd/- M. MANJULA ASSISTANT REGISTRAR

SECTION OFFICER

$T_{0}$

• 1. The Secretary, Telangana Social Welfare Residential Educational Institutions Society, Hyderabad.
• 2. The Principal Secretary, Social Welfare Department, State of Telangana, Telangana Secretariat, Hyderabad.
• 3. The Principal, Telangana Social Welfare Residential School and Junior College(Boys), Husunabad, Siddipet District.
• 4. The Accountant General, Telangana State, Hyderabad. (Addressees 1 to 4 BY RPAD along with a copy of petition and affidavit)
• 5. Two CCs to GP for Social Welfare, High Court of Telangana, at Hyderabad (OUT)
• 6. one CC to Sri M. Venkat Ram Reddy, Advocate (OPUC)
• $7.$ one spare copy

HIGH COURT

$\rm PNR, \rm J$

DATE: 19-8-2020

NOTE: POST ON 30-09-2020

NOTICE BEFORE ADMISSION

WP. NO. 13042 OF 2020

DIRECTION