D. Satyanarayana Reddy, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 825 AP

Citation : 2023 Latest Caselaw 825 AP
Judgement Date : 13 February, 2023

Andhra Pradesh High Court - Amravati

D. Satyanarayana Reddy, vs The State Of Andhra Pradesh, on 13 February, 2023

Bench: Venkateswarlu Nimmagadda

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                WRIT PETITION No. 3484 of 2023

ORDER:

The present writ petition is filed under Article 226 of the

Constitution of India for the following relief:

"...to issue a 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.10,66,212/- 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.10,66,212/- 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% 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 School Education appearing for

respondent Nos.1, 4, 5, 9 & 10, learned standing counsel

appearing for the 2nd respondent and learned Government Pleader

for Finance and Planning appearing for respondent Nos.3, 6 to 8.

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 dated 22.06.2022 passed

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

2013 and requested to pass a similar order in this writ petition

also. The same is not disputed by learned Government Pleader for

School Education appearing for respondent Nos.1, 4, 5, 9 & 10.