APHC010138512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7657/2025 Between: T Vijaya Lakshmi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.A V V S BHUJANGA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II 2.GP FOR SCHOOL EDUCATION The Court made the following ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following prayer: “to declare the action of the respondents in withholding/recovery an amount of Rs.1,77,968/- from petitioners retirement gratuity that too after their retirement 2 CGR, J W.P. No.7657 of 2025 as excess paid under G.O.Ms.No.330, Education Department, Dated 10.08.1983, in violation of the full bench judgment of the Hon’ble High Court in W.P. No.21457 of 2004 reported 2010 (4) ALT 145 and State of Punjab and others Vs Rafiq Masih reported in (2015) 4 SCC 334 and as per the Division Bench of Honble Telangana High Court in W.P. No.32896 of 2013 and Batch, dated 24.02.2022, as illegal, arbitrary and unconstitutional and consequently declare that the petitioner is entitled for repayment of the recovered/withheld gratuity amount of Rs.1,77,968/- as per the Division Bench orders of this Hon’ble Court passed in W.P.No.33315 of 2013, Dated 22.06.2020 and Division Bench orders in W.P.No.31507 of 2013 and Batch and Division Bench orders in W.P. No.33594 of 2013, dated 06.04.2021 along with interest at the rate of 12% on delay payment from the date on which the gratuity becomes payable till such payment is made and to pass such other orders.” 2. Heard Sri A.V.V.S.Bhujanga Rao, learned counsel for petitioner, learned Assistant Government Pleader for Education for the respondents 1 and 4 and learned Assistant Government Pleader for Services – II for the respondents 2, 3, 5, 6 and 7. 3. When the matter is taken up for hearing, learned counsel for petitioner as well as learned Assistant Government Pleader for Services – II would submit that the issue involved in this writ 3 CGR, J W.P. No.7657 of 2025 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. 4. 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 application 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.” 5. 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 pensioner 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”. 4 CGR, J W.P. No.7657 of 2025 6. Having regard to the facts and circumstances of the case, this writ petition is disposed of directing the respondents to forthwith refund to the petitioner, the amount of Rs.1,77,968/- wrongfully recovered/withheld from the pensioner benefits within eight weeks from the 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 order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _______________________ CHALLA GUNARANJAN, J 07.04.2025 SS