Telangana High Court
R.Ashirvadam vs The District Educational Officer on 25 March, 2026
1
SK, J
W.P.(TR).No.898 of 2017
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION (TR) No.898 of 2017
Date:25.03.2026
Between:
R. Ashirvadam.
...Petitioner.
And
The District Educational Officer, Nalgonda, Nalgonda
District and others.
...Respondents.
ORDER:
Heard Sri S. Jagadish. Learned Counsel for the petitioner and Sri Boddu Sravan Kumar, learned Assistant Government Pleader for Services-I for the respondents.
2. This writ petition is filed challenging the proceedings Lr.No.846/B1/2013 dated 21.06.2013 issued by the respondent No.1.
3. Learned Counsel for the petitioner submits that the impugned proceedings dated 21.06.2013 were challenged before the Tribunal by the similarly situated persons to the petitioner in O.A.No.5335 of 2013 and the same was allowed on 03.06.2016 by setting aside the impugned 2 SK, J W.P.(TR).No.898 of 2017 proceedings and in view of the same, he requested to dispose of the writ petition by following the said order passed by the Tribunal.
4. On the other hand, learned Assistant Government Pleader for Services-I has not disputed the submission of the learned counsel for the petitioner with regard to disposal of O.A.No.5335 of 2013 with V.M.A.No.2315 of 2013 dated 03.06.2016 by setting aside the impugned proceedings dated 21.06.2013.
5. After hearing both sides and perusing the material on record, this Court is of the considered view that the Tribunal has set aside the impugned proceedings Lr.No.846/B1/2013 dated 21.06.2013 in O.A.No.5335 of 2013 with V.M.A.No.2315 of 2013 dated 03.06.2016. The relevant portion in para No.5 of the said order reads as under;
"In view of the above facts and circumstances of the case and as could be seen from the material papers and the contentions of the applicants, that the respondents have not issued any notice while seeking to recover amounts from the applicants towards the excess amounts paid to the teachers, the action of the respondents suffers from violation of principles of natural justice. Secondly, when the amounts were drawn and enjoyed by the teachers, if they are found to 3 SK, J W.P.(TR).No.898 of 2017 be irregular, it is the teachers from whom the respondents have to recover the alleged irregularly paid amounts. Instead of doing so, the respondents are resorting to recover the amounts from the applicants, which is illegal and arbitrary. The respondents are not precluded from proceeding against an incumbent if he commits any irregularity as per APCS (CC&A) Rules,1991 but this way of recovery without any notice and without following any procedure cannot be sustained. Therefore, the impugned proceedings LR.No.846/B1/2013 dated 21.06.2013 suffers from vice of arbitrariness and is liable to be set aside and is accordingly set aside. O.A. is accordingly allowed. V.M.A. is dismissed. No costs."
6. In view of the above findings and in terms of the order passed by the Tribunal in O.A.No.5335 of 2013 with V.M.A.No.2315 of 2013 dated 03.06.2016, this Writ Petition is allowed by setting aside the impugned proceedings Lr.No.846/B1/2013 dated 21.06.2013 issued by the respondent No.1. No order as to costs.
7. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
____________________ JUSTICE K.SARATH Date:25.03.2026 sj