T Indira Devi vs The State Of Ap
2022 Latest Caselaw 5091 AP

Citation : 2022 Latest Caselaw 5091 AP
Judgement Date : 10 August, 2022

Andhra Pradesh High Court - Amravati

T Indira Devi vs The State Of Ap on 10 August, 2022

     THE HON'BLE DR. JUSTICE K.MANMADHA RAO

           WRIT PETITION NO.24962 OF 2022

ORDER:

This petition is filed, under Article 226 of the

Constitution of India, seeking the following relief:-

".....to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in withholding/recovery an amount of Rs.3,29,509/- from petitioner's retirement gratuity as excess paid under G.O.Ms.No.330, Education Department, dated 10.08.1983 in violation of the full bench judgment of the Honble High Court in W.P.No.21457 of 2004 reported (2010) 4 ALT 145 is as illegal, arbitrary and unconstitutional and consequently declare that the petitioner is entitled for repayment of the recovered/withheld gratuity amount of Rs.3,29,509/- as per the Division Bench orders of this Hon'ble Court passed in W.P.No.33315 of 2013 dated 22.06.2020 and Division Bench orders in W.P.No.31507 of 2013 and Batch and Division Bench orders in W.P.No.33594 of 2013 and batch dated 16.04.2021 along with interest at the rate of 12% on delay payment from the date on which the gratuity becomes payable till such payment is made."

2. Learned counsel for the petitioner, learned Government

Pleader for School Education for the respondent Nos.1, 4 and 7,

Ms.Swarna Seshu, learned Standing Counsel for resonant No.2

and learned Government Pleader for Services - I for the

respondent Nos.3, 5 and 6 submitted that the issue involved in

this writ petition is squarely covered by the Division Bench

order of this Court in W.P.No.33315 of 2013, dated 22.06.2020.

3. In view of the above submission, this Writ Petition is

disposed of in terms of the order passed in W.P.No.33315 of

2013, dated 22.06.2020, by directing the respondents to repay

the withheld gratuity amount of Rs.3,29,509/- to the petitioner,

within a period of (04) four weeks from today.