Andhra Pradesh High Court - Amravati
M. Mary Jesintha, vs The State Of Andhra Pradesh, on 14 July, 2022
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.4016 of 2022
ORDER:
Writ Petition is filed with the following prayer:
"....to declare the action of the respondents in
withholding/recovery an amount of Rs.4,28,566/-
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 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.4,28,566/- as per to 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 and to
pass..."
2. Heard learned counsel for the petitioner, learned
Assistant Government Pleader for School Education, learned
Assistant Government Pleader for Services-I and Mrs.
A.Swarna Sheshu, learned Standing Counsel for the
respondent no.2.
3. Learned counsel for the petitioner, learned Assistant
Government Pleader and learned Standing Counsel appearing
for the respondents submit that the matter is squarely
covered by the orders passed in W.P.No. 33315 of 2013 dated
22.06.2020 and the said Writ Petition was disposed of with
the following direction:
"xxxx
However, as the process and sending of final pension
proposals of the applicant to the Accountant General
have not yet been completed, this Court deems it
appropriate to dispose of the writ petition directing
the petitioners-Government to process and send the
necessary final pension proposals of the 1st
respondent-applicant without any recovery, to the 3rd
respondent Accountant General, within a period of eith
weeks from today if not already processed, and if any
amount is recovered, the same shall be returned to the
applicant.
With the above observation, the writ petition is
disposed of. No order as to costs.
As a sequel, Miscellaneous Petitions, if any pending,
shall stand disposed of as infructuous."
4. In view of the above, the present Writ Petition is
disposed of in terms of the above said order. There shall be
no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
(Registry is directed to enclose a copy of the order in
W.P.No.33315 of 2013 dated 22.06.2020 to this order copy.)
_________________________________
KONGARA VIJAYA LAKSHMI, J
Date: 14.07.2022
Rmn
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.4016 of 2022
Date: 14.07.2022
Rmn
