Andhra Pradesh High Court - Amravati
Chetipalle Suresh Babu vs The State Of Andhra Pradesh, on 1 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY ONE
: PRESENT: '
THE HONOURABLE SRI JUSTICE D.V.S.S. SOMAYAJULU- ~~
WRIT PETITION NO: 10964 OF 2021
Between:
Chetipalle Suresh Babu, S/o Purushotham, Aged 50 Years, R/ o D.No.1/394-1, Maruthi
Nagar, Cuddapaiah, Andhra Pradesh- 516001
Petitioner
AND
1. The State of Andhra Pradesh, rep by its Principal Secretary, Department of
School Education, A.P Secretariat, Velagapudi, Amaravathi Guntur Dist, Andhra
Pradesh.
2. The Director of School Education, Government of AP, 4 Floor, B block, VTPS
Rd, Bhimaraju Gutta, Ibrahimpatnam, Andhra Pradesh 521456.
3. The Regional Joint Director School Education, YSR Cudapaiah Dist, Andhra
Pradesh.
4. The District Collector, Cuddapaiah, Andhra Pradesh.
5. The District Education Officer, Cuddapaiah, Andhra Pradesh
Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue an appropriate writ, order or direction, more particularly one in the nature of Writ
of Mandamus, declaring the action of the 3° respondent in issuing the impugned orders
ref Re.No.2903/B 1/2019 dated 28.05.2021 for recovery of full pay and allowances which
was paid to the petitioner way back in the year of 2010 for pursuing of his B.Ed course
by virtue of GO MS NO 342 dated 30.08.1977 as illegal, arbitrary, without jurisdiction
and violative of Art 14,16,19,21 and 300-A of the Constitution of India, and consequently
set aside the impugned orders as the sarne were issued in contravention to the Honb'le
Supreme Court judgment in the case of STATE OF PUNJAB AND OTHERS ETC V/S
RAFIQ MASIH (WHITE WASHER) ETC Citation 2014 LawSuit(SC) 1075, wherein the
Hon'ble Apex court held that, recovery is not permissible in cases of when the excess
payment has been made for a period In excess of five years, before the order of
recovery js issued
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to temporarily
suspend the operation of impugned orders ref Re.No.2903/B1/2019 dated 28.05.2021
pending disposal of WP 10964 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI JADA SRAVAN KUMAR
Advocate for the Petitioner, GP FOR SCHOOL EDUCATION for the Respondents, the
Court made the following.
ORDER:
"Print the name of learned Government Pleader for Education. Learned
counsel for the petitioner is directed to serve a copy of the documents on the
learned Government Pleader for Education.
In view of the fact that the matter does not pertain to learned Government
Pleader for Services and learned Government Pleader for Education should
appear and they sought time to get instructions. Hence, list on 09.07.2021.
in the interim period no recovery should be made from the petitioner till
09.07.2021",
SD/-M.SRINIVAS
a ASSISTANT REGISTRAR
TRUE COPY! a a .
For ASSISTANKREGISTRAR
Jo,
_ The Principal Secretary, Department of Schoo! Education, State of Andhra
Pradesh, A.P Secretariat, Velagapudi, Amaravathi Guntur Dist, Andhra Pradesh.
The Director of Schoo! Education, Government of AP, 4" Floor, B block, VTPS
Rd, Bhimaraju Gutta, Ibrahimpatnam, Andhra Pradesh 521456.
The Regional Joint Director School Education, YSR Cudapaiah Dist, Andhra
Pradesh.
The District Collector, Cuddapaiah, Andhra Pradesh.
The District Education Officer, Cuddapaiah, Andhra Pradesh (Addresses 1 to 5
by RPAD)
One CC to SRI JADA SRAVAN KUMAR Advocate [OPUC]
Two CCs to GP FOR SCHOOL EDUCATION, High Court of Andhra Pradesh.
[OUT]
One spare copy
HIGH COURT
DVSSJ
DATED:01/07/2021
LIST ON 09-07-2021
ORDER
WP.No.10964 of 2021
DIRECTION
