N Subba Ramaiah vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2614 AP

Citation : 2023 Latest Caselaw 2614 AP
Judgement Date : 28 April, 2023

Andhra Pradesh High Court - Amravati

N Subba Ramaiah vs The State Of Andhra Pradesh, on 28 April, 2023

       THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


                   WRIT PETITION No.10985 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.1,81,461/- 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 and unconstitutional and consequently declare that the petitioner is entitled for repayment of the recovered/withheld gratuity amount of Rs. 1,81,461/- as per 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% 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..."

2. Heard learned counsel for the petitioner, learned

Government Pleader for School Education appearing for Respondent

Nos. 1, 4, 5 & 10, learned Government Pleader for Finance & Planning

appearing for Respondent Nos.7 & 8, learned Government Pleader for

Intermediate Education appearing for respondent Nos.2 & 9 and Sri

Swarna Seshu, learned standing counsel appearing for respondent

No.3.

3. When the matter is taken up for hearing, learned counsel for

the petitioner would submit that the issue involved in this Writ Petition is

squarely covered by the order passed by the Division Bench of this Court in

Writ Petition No.33315 of 2013 dated 22.06.2020 and requested to pass a

similar order in this writ petition also. The same is not disputed by learned

counsels appearing for respondents.

4. In W.P No.33315 of 2013, the Division Bench of this Court held

as follows:

"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 eight weeks from today if not already processed, and if any amount is recovered, the same shall be returned to the applicant."

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

this Writ Petition is also disposed of, in terms of the order dated 22.06.2020

passed by the Division Bench of this Court in Writ Petition No.33315 of

2013, directing the respondents to process and sent the necessary final

pension of the petitioner herein without any recovery to the office of the

Accountant General within a period of eight (08) weeks from today, if not,

already processed. If any amount is recovered, the same shall be returned to

the petitioner. There shall be no order as to costs.

6. Registry is directed to attach a copy of the order dated

22.06.2020 passed by the Division Bench of this Court in Writ Petition

No.33315 of 2013 to this order.

Consequently, Miscellaneous Petitions, if any, pending in the writ