K. Venkata Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 1450 AP

Citation : 2022 Latest Caselaw 1450 AP
Judgement Date : 24 March, 2022

Andhra Pradesh High Court - Amravati

K. Venkata Rao vs The State Of Andhra Pradesh on 24 March, 2022

          HON'BLE SRI JUSTICE A.V.SESHA SAI
                         AND
        HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

              WRIT PETITION No.7210 of 2022

  ORDER:-

       Heard Sri A.V.V.S.Bhujanga Rao, learned counsel for

the petitioner, Sri K.Bheema Rao, learned Government Pleader

for Services-III for respondent Nos.1, 3 and 6, Smt P.Swarna

Seshu, learned Standing Counsel for respondent No.2 and Sri

N.Aswartha Narayana, learned Government Pleader for

Services-I for respondent Nos.4 and 5.

Inaction on the part of the respondents in

implementing the orders dated 20.11.2012, passed by the

Andhra Pradesh Administrative Tribunal, in O.A.No.9049 of

2012, is the grievance of the petitioner in the present Writ

Petition.

Petitioner herein, who is the Retired School Assistant

(Hindi), Z.P.High School, Gokavaram, East Godavari District,

approached the Andhra Pradesh Administrative Tribunal by

filing O.A.No.9049 of 2012, assailing the action of the

respondents in withholding/recovery of an amount of

Rs.2,12,518/-, from the retirement gratuity as excess paid

under G.O.Ms.No.330 Education (H1) Department dated

10.08.1983. The Tribunal vide order dated 20.11.2012,

allowed the said Original Application and para Nos.4 and 5 of

the said order reads as under:

"4. In view of the financial problems, the Government brought into force Act 1/2015, withdrawing the extension of promotion scales to Grade- II Language Pandits. Therefore, the benefits extended under G.O.Ms.No.330 also would go. The Hon'ble High Court while upholding the Act, observed that the amounts already paid to the Grade-II Pandits shall not be recovered.

5. In pursuance of the judgment of the Hon'ble High Court in W.P.No.21457/2004 and batch dated 16.04.2010, the amount already paid to the applicant is not liable to be recovered. Therefore, the O.A. is allowed, directing the 2nd respondent to release the amount of Rs.2,12,518/- recovered from the retirement Gratuity of the applicant. On passing of the order by the 2nd respondent, the 5th respondent is directed to arrange for payment to the applicant on proper acknowledgment, within a period of four weeks thereafter. No costs."

During the course of arguments, it is brought to the

notice of this Court by the learned counsel for the petitioner

that infact a number of Original Applications came to be

allowed by the Tribunal and as against the said orders, the

Government carried the matter to the Composite High Court.

One of the said Writ Petitions is W.P.No.33315 of 2013. The

Coordinate Bench of this Court, by way of an order dated

22.06.2020, confirmed the order passed by the Tribunal and

granted eight (8) weeks time to the State to return the

amounts. It is also brought to the notice of this Court that

thereafter in the direction of implementing the orders, the

State Government issued a memo bearing