THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.17565 of 2022
ORDER:
This Writ Petition is filed seeking the following relief:
"...to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not implementing the orders of the erstwhile Honble Andhra Pradesh Administrative Tribunal in O.A. 644 of 2013 dated 30.01.2013 in spite of having knowledge that the subject involved in this matter has attained finality as per to the Division Bench orders in W.P.No.21866 of 2021 and batch dated 24.02.2022 and another Division Bench orders of this Honble High Court of Telangana State passed in W.P.No.32896 of 2013 and Batch Dated 24.02.2022 and further Division Bench orders of the Honble High Court of A.P. in Writ Petition No. 33594 of 2013 dated 06.04.2021 with regard to recovery/withheld retirement gratuity amounts from retired Telugu Pandits by Act 1 of 2005 who availed the benefit under G.O.Ms.No. 330 dated 10.08.1983 and also in spite of Law laid down by the Full Bench of Honble High Court in W.P.No. 21457 of 2004 Dated 16.04.2010 reported in (2010) 4 ALT 145 is as arbitrary illegal and violation of 14, 16 and 21 of Constitution of India and consequently declare that the Petitioner is entitled for repayment/refund of the recovered/withheld gratuity amount of Rs. 3,23,302/- and further direct the Respondents to refund the above said recovered/withheld gratuity amount of Rs.3,23,302/- by implement the orders of erstwhile of A.P. Administrative Tribunal in O.A.644 of 2013 dated 30.01.2013 with in a stipulated time along with interest on delay payment as per Memo No. 16077/135/A.2/Pen-I/2004 Interest on delayed payment of retirement gratuity Dated 20.02.2006 from the date on which the gratuity becomes payable till such payment is made and to pass..."
2. Learned counsel for the petitioner submitted that in the case of State Language Teachers' Association, represented by its State General Secretary, Palla Sathaiah and others v State of Andhra Pradesh, represented by its Secretary to Government, Legislative Affairs and Justice, Hyderabad and others 1 of the erstwhile High Court of Andhra Pradesh, it was held that Act 1 of 2005 is constitutionally valid, yet, however, there was a clear observation at para 73 thereof not to recover any amount from any of the Language Pandits Grade II, who was 1 2010(4) ALT 145 = 2010 (0) Supreme (A) 308 PMD,J W.P.No.17565 of 2022 2 given benefit of scale of pay of Grade-I. It is submitted that the alleged payment made to the petitioner is not on account of any fault on his part, the petitioner was a LANGUAGE PANDIT GRADE-II and in view of the judgment of the Supreme Court in the case of State of Punjab and others v Rafiq Masih (White Washer) 2 no recovery can be made after the retirement of such an employee. It is submitted that the petitioner has also approached the Andhra Pradesh Administrative Tribunal (A.P.A.T.) by filing O.A.No.644 of 2013 and the A.P.A.T. vide order dated 30.01.2013 allowed the O.A. however, the respondents have not implemented the orders of the A.P.A.T. and therefore, the present writ petition has been filed.
3. Learned Government Pleader for Services-I appearing for respondents is also heard.
4. Taking into consideration the rival contentions and the Full Bench judgment in State Language Teachers' Association's case referred to above and the Apex Court judgment in Rafiq Masih (White Washer) referred to above and also the view taken by the Division Bench of the High Court of Telangana at Hyderabad passed in W.P.Nos.32896 and 33790 of 2013 and W.P.Nos.21866, 26512 and 26521 of 2021 dated 24.02.2022 and the law laid down in various Apex Court judgments 2 (2014)8 SCC 833 PMD,J W.P.No.17565 of 2022 3 referred thereto and that the subject matter has already been discussed elaborately in W.P.No.24687 of 2013 by this Court vide order dated 17.08.2022, this Court finds that the alleged excess payment made to the petitioner is not on account of any fault on his part and therefore, no recovery can be made. The Government has also issued a Memo No.6122/Ser.II.A1/2023, dated 10.08.2023 taking note of the above Judgments and that the operation of the Ordinance and the Act are held to be bad and that they would operative in future from the date of the ordinance and the Director of School Education was directed to take necessary action accordingly.
5. Accordingly, this Writ Petition is disposed of and the respondents are directed to refund the sum of Rs.3,23,302/- recovered from the petitioner, on proper acknowledgment, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date: 12.10.2023 Note: Furnish C.C. by 18.10.2023.
B/o.
PRN PMD,J W.P.No.17565 of 2022 4 259 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.17565 of 2022 Date: 12.10.2023 Note: Furnish C.C. by 18.10.2023.
B/o.
PRN