Andhra Pradesh High Court - Amravati
P Subba Rao Died vs The State Of Andhra Pradesh on 4 October, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.23811 OF 2023
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
"... to issue an 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.1,34,583/- from my husband's (petitioner No.1) 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 2014
reported 2010 4 ALT 145 is as illegal, arbitrary and
unconstitutional and consequently declare that the petitioner No.2
who is a legal heir of the petitioner No.1 is now entitled for
repayment of the recovered / withheld gratuity amount of
Rs.1,34,583/- as per to the 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 @ 10% on delay payment as per Section 7(3) of the
Payment of Gratuity becomes payable till such payment is made
and also direct the respondents to refund the above said amount
to the petitioner No.2 who is a legal heir of petitioner No.1 and to
pass such other order or orders..."
2. When the matter is taken up for hearing, learned counsel for the
petitioners submits 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.
3. Learned counsel for the Respondents submitted the written
instructions issued by Respondent No.4, vide Rc.No.1968/B2/2023, dated
29.09.2023, wherein it is stated that the prayer of the petitioner is comes
under G.O.Ms.No.330, Act No.1 of 2005, subject to outcome of the judgment
in the writ petition, necessary instructions to be issued to the Drawing and
Disbursing Officer for preparation of bill for an amount of Rs.1,34,583/-
from Petitioner No.1 retirement gratuity as excess paid under G.O.Ms.
No.330, Education Department, dated 10.08.1993. It is further stated that a
letter to be addressed to the Accountant General, A.G. Audit, Andhra
Pradesh for payment.
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 necessary final pension
of the petitioner(s) herein without any recovery by 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(s). 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.
7. Consequently, Miscellaneous Petitions, if any, pending in the writ
petition shall stand closed.
_____________________________________________
JUSTICE VENKATESWARLU NIMMAGADDA
4th October, 2023
KNR
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.23811 OF 2023
4th October, 2023
KNR.
