Andhra Pradesh High Court - Amravati
K Surya Prakasa Ratnam vs The State Of Andhra Pradesh on 10 February, 2023
Bench: Venkateswarlu Nimmagadda
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.3321 of 2023
ORDER:
This 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.4,97,818/- from petitioner's that too after
retirement gratuity 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 is as illegal, arbitrary and
unconstitutional and consequently declare that the
petitioner is entitled for repayment of the
recovered/withheld gratuity amount of Rs.4,97,818/-
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 and batch dated
16.04.2021 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 Sri A. V. V. S. Bhujanga Rao, learned counsel for the
petitioner, learned Government Pleader for School Education
appearing for respondent Nos.1, 4, 5 & 10, learned standing
counsel appearing for the 2nd respondent and learned Government
Pleader for Finance and Planning appearing for respondent Nos.3,
6 to 9.
3. Learned counsel for the petitioner and learned counsels for
the respondents submitted that the issue involved in this writ
petition 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 and
requested to pass a similar order in this writ petition also.
4. In view of the submissions made by learned counsel for the
petitioner and learned counsels for the respondents, this Writ
Petition is also disposed of in terms of the order dated 29.09.2021
passed by the Division Bench of this Court in W.P.No.21718 of
2021. No order as to costs.
5. The Registry is directed to attach a copy of the order dated
29.09.2021 passed by the Division Bench of this Court in
W.P.No.21718 of 2021 to this order.
Consequently, Miscellaneous Petitions, if any, pending in
this Writ Petition shall stand closed.
_______________________________________
VENKATESWARLU NIMMAGADDA, J
10th February, 2023.
cbn
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 3321 of 2023
(disposed of)
10th February, 2023
cbn
