P. Saila Sree vs The State Of Telangana
2024 Latest Caselaw 2663 Tel

Telangana High Court

P. Saila Sree vs The State Of Telangana on 11 July, 2024

           THE HON'BLE SRI JUSTICE PULLA KARTHIK

                    WRIT PETITION No.17742 of 2024
ORDER:

This Writ Petition, under Article 226 of the Constitution of India, 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. 8,70,204/- from petitioner's retirement gratuity 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 Hon'ble High Court in W.P. No. 21457 of 2004 reported in 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. 8,70,204/- as per the Division Bench orders of this Hon'ble High Court of Telangana State in W.P. No. 32896 of 2013 and Batch Date: 24-02-2022 and another Division Bench orders in W.P. No. 21886 of 2021 and batch dated: 24-02-2022 and further Division Bench orders of the Hon'ble 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. 8,70,204/- with in a stipulated time along with interest on delta 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. Heard Sri A.V.V.S. Bhujanga Rao, learned counsel for the petitioner,

learned Government Pleader for Services, on behalf of respondent Nos.1, 2

and 4 to 11, and Sri K. Bala Krishna, learned Standing Counsel for the

respondent No.3-the Accountant General. With their consent, the writ

petition is taken up for disposal at admission stage.

3. Learned counsel for the petitioner submits that lis in the present writ

petition is squarely covered by a common order of this Court dated

PK,J

06.06.2022 in W.P.No.18263 of 2022 and batch, and prays this Court to

pass a similar order in the present writ petition also. The said submission is

not seriously disputed by the learned counsel appearing for the respondents.

4. The relevant portion of the common order dated 06.06.2022 in

W.P.No.18263 of 2022 and batch, is extracted hereunder:

"10. The writ petitions are allowed and the respondents are directed to refund the gratuity amount with-held by them, with eight weeks (8) from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, shall stand closed."

5. Having regard to the submissions made by the learned counsel

appearing for the respective parties, and for the reasons alike in the common

order dated 06.06.2022 in W.P.No.18263 of 2022 and batch, the Writ

Petition is disposed of directing the respondents to refund the recovered/

withheld gratuity amount of Rs.8,70,204/- to the petitioner, as expeditiously

as possible, preferably within a period of eight (08) weeks from the date of

receipt of a copy of this order.

Miscellaneous applications, if any, pending in this writ petition, shall

stand closed. No costs.

___________________________ PULLA KARTHIK, J Date: 11.07.2024.

Note: Issue C.C. by 15.07.2024.

B/o.

GSP