P. Ramana Rao, vs The State Of Andhra Pradesh
2022 Latest Caselaw 5775 AP

     THE HON'BLE DR. JUSTICE K.MANMADHA RAO

            WRIT PETITION NO.27380 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.8,69,027/- 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.8,69,027/- 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. Mr.A.V.V.S. Bhujanga Rao, learned counsel for the

petitioner, learned Government Pleader for School Education for

the respondent Nos.1, 4 and 7, Ms.P.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.

the withheld gratuity amount of Rs.8,69,027/- to the petitioner,

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

There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if

any in the Writ Petition, shall also stand closed.

The Registry is directed to enclose a copy of the order in W.P.No.33315 of 2013, dated 22.06.2020, to this order.

___________________________ Dr. K. MANMADHA RAO, J Date: 29.08.2022 HS

THE HON'BLE DR.JUSTICE K.MANMADHA RAO

WRIT PETITION NO.27380 OF 2022

Date 29.08.2022

HS