THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.24438 of 2023
ORDER:
In this Writ Petition, the petitioner is seeking a direction to declare the action of the respondents in withholding/recovery of an amount of Rs.2,74,659/- from the petitioner's retirement gratuity as excess amount paid under G.O.Ms.No.330, dated 10.08.1983 by Act 1 of 2005, dated 11.01.2005 as illegal, arbitrary and unconstitutional.
2. Learned counsel for the petitioner submitted that similar issue had come up before this Court in W.P.No.21457 of 2004 and this Court had declared that such a recovery is illegal and arbitrary and had directed refund of the same. Learned counsel for the petitioner filed a copy of the Judgment also in W.P.No.32896 of 2013, dated 24.02.2022, wherein after considering the issue in W.P.No.32896 of 2013, the Division Bench of this Court had held that the respondents are not entitled to recover the excess amount already drawn by the employees before their retirement and the respondents were 2 directed to refund the amount that was withheld towards adjusting the excess amount drawn by the respondent employees.
3. Learned Government Pleader for Services I is also heard on behalf of the respondents.
4. Having regard to the fact that this issue is covered by the earlier orders of this Court, in this case also, the impugned order of recovery is held as bad-in-law and the respondents are directed to refund the amount that was withheld within a period of four (04) weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date:04.09.2023 TU 3 345 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.24438 of 2023 Date:04.09.2023 TU