A Tholisaiah vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2250 AP

        THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


                   WRIT PETITION No.9801 OF 2023

ORDER:-

      The present Writ Petition is filed under Article 226 of the

Constitution of India, seeking the following relief:

             "to issue an appropriate Writ, Order or Direction more
       particularly one in the nature of Writ of Mandamus to declare the
       action of the respondents in withholding/recovery an amount of

Rs.4,30,540/- from petitioner's retirement gratuity that too after their retirement 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 and State of Punjab and others Vs Rafiq Masih reported in 2015 4 SCC 334 and as per the Division Bench of Hon'ble Telangana High Court in W.P.No.32896 of 2013 and Batch dated 24.02.2022 is as illegal, arbitrary, unconstitutional and consequently declare that the petitioner is entitled for repayment of the recovered/withheld gratuity amount of Rs.4,30,540/- 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 dated 06.04.2021 along with interest at the rate of 12 percent on delay payment from the date on which the gratuity becomes payable till such payment is made and to pass such other order or orders..."

Heard learned counsel for the petitioner, learned Government

Pleader for Services-II, learned Government Pleader for Services-III and

Mrs.K.Swarna Seshu, learned Standing Counsel appearing for the

respondents.

Learned counsel for petitioner straight away takes this Court

through the order, dated 06.04.2021, passed by the Hon'ble Division

Bench of this Court in W.P.No.7284 of 2021 as the facts and

circumstances of this case are similar to that case.

Learned Government Pleader does not refute the submission made

by the learned counsel for the petitioner.

Relevant paragraph of the order passed in W.P.No.7284 of 2021

dated 06.04.2021 is extracted hereunder:

"Accordingly, we dispose of the writ petition directing respondent Nos. 1 and 2 to forthwith refund the amount of Rs.1,57,495/- wrongfully recovered/ withheld from the pensioner benefits within eight (08) weeks from date, failing which the said amount shall carry interest at the rate of 12% per annum till such refund is made."

In view of the same, for the reasons alike in the aforesaid order,

this Writ Petition is also disposed of directing the respondents to refund

the amount of Rs.4,30,540/- wrongfully recovered/ withheld from

pensionary benefits within eight (08) weeks from date of receipt of a

copy of this order, failing which, the said amount shall carry interest at

the rate of 12% per annum till such refund is made. There shall be no

order as to costs.

The Registry is directed to enclose a copy of the order in

W.P.No.7284 of 2021, dated 06.04.2021, to this order.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

Date: 24.04.2023 BSP

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION.No.9801 of 2023

Date: 24.04.2023 BSP