T.V.G.K.Prasad vs The State Of Andhra Pradesh
2022 Latest Caselaw 5848 AP

Citation : 2022 Latest Caselaw 5848 AP
Judgement Date : 30 August, 2022

Andhra Pradesh High Court - Amravati

T.V.G.K.Prasad vs The State Of Andhra Pradesh on 30 August, 2022

      THE HON'BLE Dr.JUSTICE K. MANMADHA RAO

                 Writ Petition No.27565 of 2022

ORDER:-

      This Writ Petition is filed under               Article 226 of the

Constitution of India seeking the following relief:-

        "......to issue an order, direction or a Writ more particularly one in
        the nature of the Writ of Mandamus declare the action of the
        respondents in withholding/recovery an amount of Rs.4,88,081/-

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 Honourable 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.4,88,081/- as per to the Division Bench orders of this Honourable 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 06.04.2021 along with interest at the rate of 12% p.a on delay payment from the date on which the gratuity becomes payable till such payment is made

2. Heard Mr. A.V.V.S.Bhujanga Rao, learned counsel for the

petitioner and learned Government Pleader, School Education for

the respondents.

3. All the counsels submit that the matter is squirely covered

by the orders of the Division Bench of this Court passed in

W.P.No.21718 of 2021, dated 29.09.2021.

4. Accordingly in the light of the orders passed in similar

circumstances, this writ petition is also allowed on the same lines.

No order as to costs.

5. As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

6. Registry is directed to enclose the copy of the order in