P.Joginadham vs Government Of A.P.,
2021 Latest Caselaw 5472 AP

          THE HON'BLE SRI JUSTICE NINALA JAYASURYA

                 WRIT PETITION No.29587 OF 2021
ORDER:

Heard learned counsel for the petitioner, learned

Assistant Government Pleader for Services-III appearing for

respondent Nos.1 & 2, and Smt. K. Swarna Seshu, learned

counsel for respondent No.4. With their consent, the writ

petition is disposed of, at the stage of admission.

2. The writ petition is filed inter alia seeking to declare the

action of the respondents in not refunding an amount of

Rs.8,91,734/- to the petitioner as illegal, arbitrary, unjust and

for a consequential direction to the respondents to refund the

said amount.

3. Learned counsel for the petitioner submits that similar

issues fell for consideration before a Full Bench of this Court in

Writ Petition Nos.21457 and 23506 of 2004, Writ Petition

Nos.1462, 8907 and 12917 of 2005, Writ Petition Nos.11688

and 22577 of 2006, wherein the Full Bench, after considering

the matter, issued a direction to the respondents not to recover

any amount, which was already paid to Grade-II Pandits,

who were given benefit of Scale of Pay of Grade-I. He further

submits that in the case on hand, the respondents recovered

the amount from the petitioner contrary to the orders in the

above mentioned writ petitions1. He also relies on the judgment

of the Division Bench of this Court in Writ Petition No.15186 of

2010 (3) ALD 744 (FB)

2021, dated 03.8.2021 and seeks similar relief. The submission

with regard to the legal position made by learned counsel for

the petitioner is not disputed by learned Assistant Government

Pleader for Services.

4. Considered the submissions made and perused the

earlier orders of this Court including the orders of a Division

Bench in Writ Petition No.15186 of 2021, dated 03.8.2021. The

Hon'ble Full Bench, after examining the provisions of Act 1 of

2005, inter alia, held as follows:

"(iii) The impugned Act is silent with regard to recovery of the amounts already paid to those Grade-II Pandits who availed the benefit under G.O.Ms.No.330, dated 10.8.1983 and hence the Government shall not recover any amount actually and already paid to any of the Language Pandits Grade - II who were given benefit of Scale of Pay of Grade-I."

5. Accordingly, in the light of the orders passed in similar

circumstances, this writ petition is allowed on the same lines.

The respondents are directed to refund the amount of

Rs.8,91,734/- recovered from the petitioner, under proper

acknowledgement, within a period of two months from the date

of receipt of a copy of this order. In the event, the amount is

not refunded within the stipulated time, the petitioner would

be entitled to interest on the said amount at 12% per annum.

There shall be no order as to costs. The miscellaneous

applications, if any pending, shall stand closed.

_________________________ NINALA JAYASURYA, J December 24, 2021.

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