Gadde Jaya Sree vs The State Of Telangana
2023 Latest Caselaw 3104 Tel

                  THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

                              WRIT PETITION No.37552 of 2022

ORDER:

This Writ Petition is filed 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. 9,54,189/- from petitioners retirement gratuity that too after her retirement as excess paid under G.O.Ms.No.330 Education Department Dated 10.08.1983 by Act 1 of 2005 dated 11.01.2005 in violation of the full bench judgment of the Honble 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 9,54,189/- as per to the as per to the Division Bench orders of this Honble High Court of Telangana State in W.P.No.32896 of 2013 and Batch Dated 24.02.2022 and another Division Bench orders in W.P.No. 21866 of 2021 and batch dated 24.02.2022 and further Division Bench orders of the Honble High Court of A P in Writ Petition No.33594 of 2013 dated 06.04.2021 and further direct the Respondents to refund the above said recovered/withheld gratuity amount of Rs.9,54,189/- with in a stipulated time along with interest on delay payment as per Memo No. 16077/135/A 2/Pen I/2004 Interest on delayed payment of retirement gratuity Dated 20.02.2006 from the date on which the gratuity becomes payable till such payment is made and to pass..."

2. Learned counsel for the petitioner submitted that in the case of

State Language Teachers' Association, represented by its State

General Secretary, Palla Sathaiah and others v State of Andhra

Pradesh, represented by its Secretary to Government,

Legislative Affairs and Justice, Hyderabad and others 1 of the

erstwhile High Court of Andhra Pradesh, it was held that Act 1 of

2005 is constitutionally valid, yet, however, there was a clear

observation at para 73 thereof not to recover any amount from any

2010(4) ALT 145 = 2010 (0) Supreme (A) 308 PMD,J W.P.No.37552 of 2022

of the Language Pandits Grade II, who was given benefit of scale of

pay of Grade-I. It is submitted that the alleged payment made to the

petitioner is not on account of any fault on her part, the petitioner

was a LANGUAGE PANDIT GRADE-II and in view of the judgment of

the Supreme Court in the case of State of Punjab and others v

Rafiq Masih (White Washer) 2 no recovery can be made after the

retirement of such an employee.

3. Learned Government Pleader for Services-I appearing for

respondents is also heard.

4. Taking into consideration the rival contentions and the Full

Bench judgment in State Language Teachers' Association's case

referred to above and the Apex Court judgment in Rafiq Masih

(White Washer) referred to above and also the view taken by the

Division Bench of the High Court of Telangana at Hyderabad passed

in W.P.Nos.32896 and 33790 of 2013 and W.P.Nos.21866, 26512

and 26521 of 2021 dated 24.02.2022 and the law laid down in

various Apex Court judgments referred thereto and that the subject

matter has already been discussed elaborately in W.P.No.24687 of

(2014)8 SCC 833 PMD,J W.P.No.37552 of 2022

2013 by this Court vide order dated 17.08.2022, this Court finds

that the alleged excess payment made to the petitioner is not on

account of any fault on her part and therefore, no recovery can be

made. The Government has also issued a Memo

No.6122/Ser.II.A1/2023, dated 10.08.2023 taking note of the above

Judgments and that the operation of the Ordinance and the Act are

held to be bad and that they would operative in future from the date

of the ordinance and the Director of School Education was directed

to take necessary action accordingly.

5. Accordingly, this Writ Petition is disposed of and the

respondents are directed to refund the sum of Rs. 9,54,189/-

recovered from the petitioner, on proper acknowledgment, within a

period of three (03) months from the date of receipt of a copy of this

order. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall also stand

closed.

____________________________ JUSTICE P.MADHAVI DEVI Date: 12.10.2023 Note: Furnish C.C. by 18.10.2023.

B/o.

PRN PMD,J W.P.No.37552 of 2022

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.37552 of 2022

Date: 12.10.2023 Note: Furnish C.C. by 18.10.2023.

B/o.

PRN