Hyderabad: Justice T. Vinod Kumar of the Telangana High Court on Friday reserved orders in a contempt case filed against the station house officer, Karimnagar-II police station. The judge was dealing with a contempt case filed by Sanjeev Gillella, who complained that the SHO had failed to provide CCTV footage as directed by the court. The government pleader contended that the state was lacking in infrastructure for the duration for which the footage was being sought and in those circumstances, it was not possible to comply with the said direction. He further argued that it was not a wilful disobedience. The judge earlier recorded the statements made in the affidavits and observed that the arguments were contrary to the information furnished by the public information officer in a RTI application. Observing the said contentions and arguments, the judge reserved his verdict.
Pay dues to kin of pensioner: HC to RTC
Justice Surepalli Nanda of the Telangana High Court declared that leave encashment is nothing but salary for the unavailed leave to the credit of the employee, and is part of the salary itself. The judge declared that an employee on retirement is entitled to the same, and this cannot be withheld by the employer. The judge adjourned a writ petition filed by Vandala Venkanna, a retired employee of TSRTC. He complained of non-payment of ₹5 lakh and claimed interest on the amount. The petitioner had put in 38 years of service and had accumulated leave of 300 days. The corporation said that in view of the financial crisis, terminal leave encashment was being paid in a phased manner and the case of the petitioner would be considered. Pending the case, the employee died and his widow pursued the claim. “This court opines that the entitlement of an employee to receive pension and other retirement benefits entitled as per law is right to property and it is only when a valid legal basis exists, that the pension and other retirement benefits can be withheld. The judgments relied upon by the petitioner clearly indicate that an employee is entitled for grant of interest on the delayed release of the pensionary benefits. This court opines that the government employee on his retirement becomes immediately entitled to pension and other benefits in terms of Pension Rules. A duty is simultaneously cast on the state to ensure disbursement of pension and other benefits to the retiree in proper time. This court opines that if the state commits any default in the performance of its duty, thereby denying to the retired employee the benefit of the immediate use of his money, the retired employee will eventually get a right to be compensated and the only way to compensate a retired employee is to pay him interest for the period of delay on the amount as was due to him on the date of his retirement,” Justice Nanda said. Allowing the writ petition, the corporation was given two months to make the payment.
HC stays GST demand show-cause notice
A two-judge bench of Telangana High Court stayed a show-cause notice for GST to the tune of ₹68 crore from GMR Pochampally Expressway. The bench, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was hearing a writ plea questioning the notice, which had made the demand during the period September 2017 to September 2022. The demand was based on a circular issued by the Central Board of Indirect Taxes (CBIT). Senior counsel S. Niranjan Reddy appearing in a virtual mode pointed out that the circular was quashed by the Karnataka High Court. He argued that one circular caused by any High Court will have no currency. He said that a challenge to the Karnataka High Court though pending does not have any stay. Therefore, Reddy pointed out, the impugned demand was without jurisdiction. Accordingly, the High Court stayed the demand notice.
Property inheritance case of adopted daughter adjourned
Justice Vijaysen Reddy of the Telangana High Court on Friday adjourned a writ petition involving property inheritance and an alleged act of criminal homicide. The judge was dealing with a writ petitioner filed by Rebecca Girgilla, biological daughter of the late Marie Christine De Chalvet De Rochemonteix. The petitioner informed the court that Rochemonteix had taken one Roma Marie Joseph under her guardianship as an orphan and treated as her own daughter. Rochemonteix registered several parcels of agricultural land under her adopted daughter’s name through duly registered sale deeds. The petitioner complained that Rochemonteix demanded the return of the properties, originally acquired for the purpose of establishing Marica School in Chevella. The petitioner said that Rochemonteix became aware of the adopted daughter and her husband’s intentions to claim ownership. The petitioner further accused the adopted daughter, her husband and their supporters in the murder of Rochemonteix in September 2021. A chargesheet was filed against them. The judge observed that a similar provision was mentioned in the Hindu Succession Act but not in the Act governing Christians. The judge will continue to hear the matter after two weeks.
HC sets aside Jadcherla temple’s EO appointment
Justice P. Madhavi Devi of the Telangana High Court on Friday set aside the appointment of the executive officer of Sri Venkateswara Swamy temple in Jadcherla village. The judge was dealing with a petition filed by Narahari Bheemasena Chary, who contended that the appointment, in November last, violated the principles of natural justice. He pointed out that the commissioner of the endowments department had failed to consult the petitioner, a founder-trustee of the temple. The court, after considering the arguments presented by the petitioner’s counsel, acknowledged the importance of consulting the founder-trustee before such appointments. The commissioner did not refute the petitioner’s claims. Relying on a judgment passed in 2015, Justice Madhavi Devi emphasized that the discretion vested in the commissioner to appoint an executive officer must be judiciously exercised, and if any adverse action was to be taken against the incumbent, they must be given an opportunity to be heard.
