P H V L Narasimha Murthy vs The State Of Andhra Pradesh
2023 Latest Caselaw 1083 AP

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No. 4231 of 2023

ORDER:

This writ petition is filed by the petitioner under Article 226 of

the Constitution of India for the following reliefs:

"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandumus, to declare the action of the respondents in withholding/recovery an amount of Rs.81,087/- from petitioner's retirement gratuity after their retirement as excess paid under G.O. Ms.No. 330 Education Department, Dated 10.08.1983in 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. 81,087/- 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. 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 as this Hon'ble Court deems fit and proper in the Circumstances of the case . " (in verbatim)

2. Heard learned counsel for the petitioner, learned

Government Pleader for Services-I & III and Mrs. K. Swarna Seshu,

learned standing counsel for the 2nd respondent.

3. All the counsels would submit that the matter is squarely

covered by the order dated 29.09.2021 passed by the Division

Bench of this Court in W.P.No.21718 of 2021.

4. Accordingly, in the light of the orders passed in similar

circumstances, this Writ Petition is also allowed on the same lines.

No order as to costs. Miscellaneous petitions, if any, pending in

this writ petition, shall stand closed.

5. Registry is directed to enclose a copy of the order dated

29.09.2021 passed by the Division of this Court in W.P.No.21718

of 2021 to this order.

As a sequel thereto, interlocutory applications, if any

pending, shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J 23rd February, 2023.

cbn

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No. 4231 of 2023

23rd February, 2023 cbn