Andhra Pradesh High Court - Amravati
M. Anjana Devi, vs The State Of Andhra Pradesh, on 4 October, 2024
APHC010424002024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
FRIDAY, THE FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 22117/2024
Between:
M. Anjana Devi, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. A V V S BHUJANGA RAO
Counsel for the Respondent(S):
1. GP FOR SERVICES III
2. GP FOR SERVICES I
The Court made the following:
ORDER
The Writ Petition is filed to declare the action of respondents in
withholding/recovery of an amount of Rs.4,41,627/-
Rs.4,41,627/ from the
petitioner's retirement gratuity, after retirement as excess paid under
G.O.Ms.No.330, Education Department dated 10.08.1983 in violation
of Full Bench Judgment in W.P.No.21457 of 2004, as illegal and
arbitrary.
2. At the hearing, learned counsel for petitioner as well as learned
Assistant Government Pleader for Services for respondents, 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
W.P.No.33315 of 2013 dated 22.06.2020 and also another order
passed by the Division Bench of this Court in W.P.No.7284 of 2021
dated 06.04.2021.
3. While disposing of W.P.No.33315 of 2013, the Division Bench of
this Court held thus:
"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."
4. In W.P.No.7284 of 2021 while disposing of the writ petition, the
Division Bench of this Court held thus:
"Accordingly, we dispose of the writ petition directing respondent
Nos.1 and 2 to forthwith refund the amount of Rs.1,57,495/-
wrongfully recovered/withheld from the pensionery benefits within
eight (8) weeks from date, failing which the said amount shall
carry interest at the rate of 12% per annum till such refund is
made."
5. Given the facts and circumstances of the case, the Writ Petition
is disposed of directing the respondents to forthwith refund to the
petitioner, the amount of Rs.4,41,627/- wrongfully recovered/withheld
from the pensionery benefits within eight (8) weeks from date of
receipt of a copy of this order, failing which the said amount shall carry
interest at the rate of 9% per annum, till such refund is made. No
costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
___________________________
JUSTICE SUBBA REDDY SATTI
PVD
