Mohammad Gouse Mohiddin vs The Andhra Pradesh Eastern Power ...
2022 Latest Caselaw 3007 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                 MAIN CASE:     W.P.No.16067 of 2022

                           PROCEEDING SHEET
Sl. DATE                              ORDER                                   OFFICE
No.                                                                            NOTE
3   28.06.2022   KVL,J

                   This writ petition is filed „to declare the
                 impugned G.O.Ms.No.30 dated 20.02.2022 issued by
                 the     Government   and     its   corresponding       TOO
                 Ms.No.2373 dated 23.02.2022 issued by the 2nd
                 respondent, which reduced the additional quantum
                 of pension from 10% to 7% in respect of service
                 pensioners /family pensioners of the age group of 70
                 to 75 years and from 15% to 12% in respect of the
                 age group of 75 to 80 years of pensioners with
                 retrospective effect from 01.04.2020, as illegal and
                 arbitrary.‟
                   Learned counsel for the petitioners submits that
                 pursuant to the said reduction of the pension,
                 notices    were   issued    to     the   petitioners    on
                 26.03.2022, which reads as follows:
                 "Sub:    Elecy.    APEPDCL      -   Operation    Circle,
                 Rajamahendravaram - sanction of revised additional
                 quantum of pension payable to the petitioners/ family
                 pensioners on attaining the age of 70 years and above -
                 adoption of orders - excess paid amounts towards
                 quantum - recovery - regarding.

                 Ref: 1. G.O.Ms.No.30, Finance (HR-III-Pension, GPF)
                 Department, dated 20.02.2022.
                 2.EOO. (CGM-HRD) Ms.No.92, dated 21.03.2022.
                                            ***

In the reference 1st cited, orders were issued by the Government of Andhra Pradesh towards revision of Additional quantum of pension payable to the pensioners/family pensioners on attaining the age of 70 years and above. The same were adopted by the APEPDCL vide reference 2nd cited. As per the orders, the changes in payment of additional quantum of pension payable to the pensioners/family pensioners were revised as follows with monetary effect from 01.04.2020.

70 years and above 10% till 01.04.2020 - 7% with effect from 01.04.2020; 75 years and above 15% till 01.04.2020

- 12% with effect from 01.04.2020.

It is to inform that an amount of Rs.22124.00 was calculated excess paid towards additional quantum of pension as per the instructions vide reference 2nd cited and the same is to be recoverable from you.

In this regard, the excess paid amount Rs.22124.00 will be recovered from your pension from 04/2022 onwards as per the rules in vogue. This is for information."

Learned counsel for the petitioners relied upon the judgment of the Hon‟ble Supreme Court in „Thomas Daniel vs. State of Kerala & others1‟ and submits that recovery from retired employees or the employees who are due to retire within one year, is impermissible in law.

In the facts and circumstances, the respondents are directed not to recover pension which is already paid to the petitioners pursuant to the G.O.Ms.No.30 dated 20.02.2022 of the Government and TOO Ms.No.2373 dated 23.02.2022 issued by the 2nd respondent, until further orders.

List the writ petition after eight (8) weeks.

_______ KVL, J

BSS

AIR 2922 SC 2153