R.Ashirvadam vs The District Educational Officer
2026 Latest Caselaw 52 Tel

Telangana High Court

R.Ashirvadam vs The District Educational Officer on 25 March, 2026

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                                                               SK, J
                                            W.P.(TR).No.898 of 2017



IN THE HIGH COURT FOR THE STATE OF TELANGANA
                AT HYDERABAD

         THE HON'BLE SRI JUSTICE K.SARATH

          WRIT PETITION (TR) No.898 of 2017

                     Date:25.03.2026
Between:
R. Ashirvadam.
                                                 ...Petitioner.
                              And
The District Educational Officer, Nalgonda, Nalgonda
District and others.
                                            ...Respondents.
ORDER:

Heard Sri S. Jagadish. Learned Counsel for the

petitioner and Sri Boddu Sravan Kumar, learned Assistant

Government Pleader for Services-I for the respondents.

2. This writ petition is filed challenging the proceedings

Lr.No.846/B1/2013 dated 21.06.2013 issued by the

respondent No.1.

3. Learned Counsel for the petitioner submits that the

impugned proceedings dated 21.06.2013 were challenged

before the Tribunal by the similarly situated persons to the

petitioner in O.A.No.5335 of 2013 and the same was

allowed on 03.06.2016 by setting aside the impugned

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proceedings and in view of the same, he requested to

dispose of the writ petition by following the said order

passed by the Tribunal.

4. On the other hand, learned Assistant Government

Pleader for Services-I has not disputed the submission of

the learned counsel for the petitioner with regard to

disposal of O.A.No.5335 of 2013 with V.M.A.No.2315 of

2013 dated 03.06.2016 by setting aside the impugned

proceedings dated 21.06.2013.

5. After hearing both sides and perusing the material on

record, this Court is of the considered view that the

Tribunal has set aside the impugned proceedings

Lr.No.846/B1/2013 dated 21.06.2013 in O.A.No.5335 of

2013 with V.M.A.No.2315 of 2013 dated 03.06.2016. The

relevant portion in para No.5 of the said order reads as

under;

"In view of the above facts and circumstances of the case and as could be seen from the material papers and the contentions of the applicants, that the respondents have not issued any notice while seeking to recover amounts from the applicants towards the excess amounts paid to the teachers, the action of the respondents suffers from violation of principles of natural justice. Secondly, when the amounts were drawn and enjoyed by the teachers, if they are found to

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be irregular, it is the teachers from whom the respondents have to recover the alleged irregularly paid amounts. Instead of doing so, the respondents are resorting to recover the amounts from the applicants, which is illegal and arbitrary. The respondents are not precluded from proceeding against an incumbent if he commits any irregularity as per APCS (CC&A) Rules,1991 but this way of recovery without any notice and without following any procedure cannot be sustained. Therefore, the impugned proceedings LR.No.846/B1/2013 dated 21.06.2013 suffers from vice of arbitrariness and is liable to be set aside and is accordingly set aside. O.A. is accordingly allowed. V.M.A. is dismissed. No costs."

6. In view of the above findings and in terms of the order

passed by the Tribunal in O.A.No.5335 of 2013 with

V.M.A.No.2315 of 2013 dated 03.06.2016, this Writ Petition

is allowed by setting aside the impugned proceedings

Lr.No.846/B1/2013 dated 21.06.2013 issued by the

respondent No.1. No order as to costs.

7. Miscellaneous petitions, if any pending in this writ

petition, shall stand closed.

____________________ JUSTICE K.SARATH Date:25.03.2026 sj