Andhra Pradesh High Court - Amravati
A.Seshagiri Rao vs The State Of Andhra Pradesh on 24 August, 2022
THE HON'BLE DR.JUSTICE K. MANMADHA RAO
WRIT PETITION No.26762 of 2022
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the
nature of Writ of mandamus declaring the impugned action of the
respondents in recovering the amount of Rs.6,28,509/- (Rupees Six
Lakhs twenty eight thousand and five Hundred and nine) from the
petitioner's retrial benefits as illegal, arbitrary and against Articles
14, 21 and 300-A of Constitution of India and violative of the
Judgment of this Honble Court in W.P.No.21457 of 2004, dated
16.04.2010, W.P.No.15186 of 2021 and W.P.No.2823 of 2022 and
consequentially direct the respondent to refund the recovered
amounts of Rs.6,28,509/- (Rupees Six Lakhs twenty eight
thousand and five Hundred and nine) by extending the benefit of
Judgments in the interest of justice and pass such other orders".
2. Heard Mr. G. Raju, learned counsel for the petitioner and
learned Government Pleader, Services-III for the respondents.
3. The writ petition is filed inter alia seeking to declare the
action of the respondents in recovering the amount of
Rs.6,28,509/- from the petitioner as illegal, arbitrary, unjust
and for a consequential direction to the respondents to refund
the said amount.
4. 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 3rd respondent recovered
the amount from the petitioner contrary to the orders in the
above mentioned writ petitions. He also relies on the
judgment of the Division Bench of this Court in Writ Petition
No.15186 of 2021, dated 03.08.2021 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-III.
5. 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."
6. 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. 6,28,509/- recovered from the petitioner, under proper
acknowledgement, within a period of two (02) months from the
date of receipt of a copy of this order. In the event, the amount is
not refunded within the time stipulated, the petitioner would
be entitled to interest on the said amount at 12% per annum.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
____________________________
DR. K. MANMADHA RAO, J
Dated 24.08.2022.
KK
THE HON'BLE DR.JUSTICE K. MANMADHA RAO
WRIT PETITION No.26762 of 2022
24.08.2022
KK
