D. Swarna Kumari, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 3848 AP

               HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

                         Writ Petition No.14234 of 2022

ORDER:

This writ petition is filed with the following prayer:

'...to declare the action of the respondents in withholding/recovery an amount of Rs.1,50,000/- 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 Hon'ble High Court in WP No.21547 of 2004, as illegal and arbitrary and consequently, declare that the petitioner is entitled for repayment of the recovered/withheld gratuity amount of Rs.1,50,000/- as per the Division Bench orders of this Court in WP No.33315 of 2013 dated 22.06.2020, WP No.31507 of 2013 & batch and WP No.33594 of 2013 & batch dated 06.04.2021 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."

Heard the learned counsel for the petitioner, learned Government

Pleaders for services I & III and Mrs. K. Swarna Seshu, learned standing

counsel for the 2nd respondent.

All the counsels submit that the matter is squarely covered by the

order of the Division Bench of this Court passed in WP No.21718 of 2021

dated 29.09.2021.

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. Miscellaneous petitions, if any, pending in this writ petition,

shall stand closed.

Registry is directed to enclose the order in WP No.21718 of 2021

dated 29.09.2021 to this order.

__________________________ KONGARA VIJAYA LAKSHMI, J Date: 08.07.2022 BSS HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.14234 of 2022

Date:08.07.2022

BSS