Smt. Rallabandi Uma Devi vs The Sate Of Telangana,
2023 Latest Caselaw 1965 Tel

       THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

               WRIT PETITION No.24438 of 2023

ORDER:

In this Writ Petition, the petitioner is seeking a direction

to declare the action of the respondents in

withholding/recovery of an amount of Rs.2,74,659/- from the

petitioner's retirement gratuity as excess amount paid under

G.O.Ms.No.330, dated 10.08.1983 by Act 1 of 2005, dated

11.01.2005 as illegal, arbitrary and unconstitutional.

2. Learned counsel for the petitioner submitted that

similar issue had come up before this Court in W.P.No.21457

of 2004 and this Court had declared that such a recovery is

illegal and arbitrary and had directed refund of the same.

Learned counsel for the petitioner filed a copy of the Judgment

also in W.P.No.32896 of 2013, dated 24.02.2022, wherein after

considering the issue in W.P.No.32896 of 2013, the Division

Bench of this Court had held that the respondents are not

entitled to recover the excess amount already drawn by the

employees before their retirement and the respondents were

directed to refund the amount that was withheld towards

adjusting the excess amount drawn by the respondent

employees.

3. Learned Government Pleader for Services I is also heard

on behalf of the respondents.

4. Having regard to the fact that this issue is covered by

the earlier orders of this Court, in this case also, the impugned

order of recovery is held as bad-in-law and the respondents

are directed to refund the amount that was withheld within a

period of four (04) weeks from the date of receipt of a copy of

this order.

5. Accordingly, this Writ Petition is disposed of. There shall

be no order as to costs.

Miscellaneous applications, if any pending, shall also

stand closed.

____________________________ JUSTICE P.MADHAVI DEVI Date:04.09.2023 TU

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.24438 of 2023

Date:04.09.2023

TU