Andhra Pradesh High Court - Amravati
G Vishnumurthy vs The State Of Andhra Pradesh, on 23 September, 2021
Bench: D.V.S.S.Somayajulu
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
(Special Original Jurisdiction)
THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 15434 OF 2021
Between:
G Vishnumurthy, S/o. Kotaiah, age 79 years, R/o. Nakarikallu Post & Mandal,
Guntur District.
... Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Pri. Secretary, Water Resources
Department, Secretariat Buildings, Amaravati.
2. The Superintending Engineer, NSJC O&M Circle, Lingamguntla Narasaraopet,
Guntur District.
The Executive Engineer, NSJC O& M Division, Macherla, Guntur District.
The Assistant Pay and Accounts Officer, Works & Projects, Narasaraopet,
Guntur District.
5, The Sub Treasury Officer, Narasaraopet, Guntur District.
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.. 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 a Writ of Mandamus or any other appropriate writ, order or direction declaring the
action of the respondents No. 2 and 3 herein revising and cancelling recategorisation
and applying retrospective operation for recovery of the paid amount from retired
employees i.e. Petitioner and further attachment of pension by issuing proceedings of
3 respondent dated 17-07-2021 without fallowing the due process of law is illegal,
arbitrary and violative of principles of natural justice.
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 direct the
Respondents to not to deduct the family pension amount of the petitioner in pursuance
of the 3rd respondent letter dated 17-07-2021 by suspending the proceedings of the
and respondent dated 28-09-2016, Pending disposal of WP 15434 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 Thota Ramakoteswara
Rao Advocate for the Petitioner and GP for Services Ill Advocate for the Respondents
and the Court made the following.
ORDER:
"The petitioner has retired from service in the year 1998. An order of
recovery is issued on 17.07.2021. The amount is sought to be recovered from the
family pension.
In view of the case law on the subject including the judgment of the
Hon'ble supreme court in the case of State of Punjab & Ors vs Rafiq Masih (white
Washer)' it is held that delayed recovery from the retired employees after long
time, should not be resorted to. Hence, there shall be an interim order as prayer
for in the IA.No.1 of 2021 for a period of six weeks to enable the respondents to
file their counter. '
Post on 08.11.2021 in the motion list. "
Sd/- K. TATA RAO
ASSISTANT REGISTRAR
TRUE COPY! Be
For ASSISTANT REGISTRAR
To
mo
ON OM
. The Pri. Secretary, Water Resources Department, State of Andhra Pradesh,
Secretariat Buildings, Amaravati.
The Superintending Engineer, NSJC O&M Circle, Lingamguntla Narasaraopet,
Guntur District.
The Executive Engineer, NSUC O& M Division, Macherla, Guntur District.
The Assistant Pay and Accounts Officer, Works & Projects, Narasaraopet,
Guntur District.
The Sub Treasury Officer, Narasaraopet, Guntur District (RR 1 to 5 by RPAD)
One CC to Sri. Thota Ramakoteswara Rao Advocate [OPUC]
Two CCs to GP for Services Ill High Court Of Andhra Pradesh, [QUT]
One spare copy
pr
HIGH COURT
DVSSJ
DATED:23/09/2021
POST ON08.11.2021 IN THE MOTION LIST
ORDER
WP.No.15434 of 2021
DIRECTION
