V.Uma Maheswara Rao, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 1766 AP

               HIGH COURT OF ANDHRA PRADESH

 MAIN CASE No: WP.No. 9377 of 2022

                     PROCEEDINGS SHEET
SL.     DATE                  ORDER                                       OFFICE
NO.                                                                        NOTE
1.    12.04.2022 BKM, J
                         Heard the counsel for the petitioner.
                         The        Government        Pleader       for
                 Services-I takes notice for the respondents

for filing counter.

The counsel for the petitioner submits that the petitioner is working as a Special Constable (5323) in the Special Protection Force at ONGC, Rajahmundry.

While so, the impugned proceedings dated 18.01.2022 was issued by the respondent No.4 herein ordering recovery of a sum of Rs. 3,90,924/- towards excess amount paid to the petitioner, which is to be recovered in 25 installments at the rate of Rs. 16,205/- per month with effect from January, 2022 payable in February,2022 and the last installment would be fixed as Rs.2,004/-.

The counsel for the petitioner submits that without any issuance of any notice, the recovery is contrary to the judgment of the Hon'ble Supreme Court of India and also in the similar instance; this Hon'ble Court passed orders in W.P.No. 6896 of 2022, dated 22.03.2022. Wherein, an interim order has passed staying the recovery of the excess amount.

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NO.                                                         NOTE

Hence, the similar orders can be passed in this writ petition also and there shall be a stay on recovery of the other installments towards excess payment from the petitioner henceforth pending further orders in this writ petition.

In the meanwhile, the respondents shall file their counters.

Post after Summer Vacation, 2022.

                                                ______
                                                BKM, J

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