1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) ii TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA miT PETITION Nos: 32761, 32783, 32803. 32859, 33203. 35fin« nf 9ni« WRIT PETITION NO: 32761 OF 2018 Between: ...Petitioner AND 1. The State of Andhra Pradesh X I- . J.' rep., by its Principal Secretary to Ara!“GunrKstric? - ^ Intermediate Education sl;ie^“ngana "HTd'er'abrd'' Kada'^a'siTooS®"*' “ariapnram, ,A.P, Pradesh and ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court he pleased to issue a Writ, order or direction praying that in may more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding an amount of Rs. 1,89,813/- from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 in terms of remarks of 3rd respondent in Lr.No. PAG (A and E)/AP/ P5/I/N-764/SP575/2011 dated 16-11-2011 -10/8095, as being illegal, arbitrary, unconstitutional and contrary 2 to the law on the subject and consequently hold that the petitioner is ^entitled for release of withheld amount from the pensionary benefits of the petitioner in terms of the Judgment of the Honorable High Court reported in 2006 (1) ALT 354 and also Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 with all attendant benefits including interest on withheld amount. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the withheld gratuity of the petitioner in terms of the Judgment of the Honorable High Court reported in 2006 (1) ALT 354 and also the Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated'23-8-2017 pending disposal of the above writ petition. lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in with holding an amount of Rs. 3.00 lakhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 vide Lr.No. PAG (A&E)/AP/P16 / ll/K- 828/SP 844/2012-01/8482, dated 23-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutional and contrary to the law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner and also extension of Automatic Advancement Scales by counting unaided service rendered by the petitioner from the date of his 1st appointment in terms of the Judgment of the Hon'ble High Court reported in 2006 (1) ALT 354 and 3 also Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8- 2017 with all attendant benefits including interest on withheld amount. Counsel for the Petitioner: SRI D BALA KISHAN RAO Counsel for the Respondents No.1 & 2: GP FOR EDUCATION Counsel for the Respondent No.3: SRI TENEPALLI NIRANJAN SC for CENT. GOVT. WRIT PETITION NO: 32783 OF 2018 Between: P.Narasa Reddy, S/o. Bala Narasimha Reddy. Aged about 63 years, Retired Lecturer, St. Josephs Aided Junior College, Mariapuram, Kadapa YSR Kadapa District, R/o. HIG 78, Singapore Township, Putlam Palli, Kadapa-3. ^ ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary to Government, Education (IE) Department, Secretariat, Velaqapudi Amaravathi, Guntur District; - ’ 2. The Commissioner and Director of Intermediate Education A P Vijayawada, Krishna District: ' ’ ‘ ’ 3. The Accountant General (A and E), for the State Of Andhra Pradesh and State of Telangana, Hyderabad. 4. The Correspondent, St. Josephs Aided Junior College, Mariapuram Kadapa 516 003. : ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order dr direction may more particularly one in the respondents in nature of Writ of Mandamus declaring the action of the withholding an amount of Rs.2,72:i96/- from the gratuity of the petitioner lieu of Act 37 of 2005 as is evident from Lr.No. PAG (A and E)/AP/P7/I/N 451/SP 379/2013-17/10634, dated 14-3-2014 of the 3rd in respondent as being illegal, arbitrary, unconstitutidnal and contrary to the law on the 4 subject and consequently hold that the petitioner is entitled for release of withheld amount from the Gratuity of the petitioner in terms of the Judgment of the Honble High Court reported in 2006 (1) ALT 354 and also Judgment in W.P.No. 3460 and 3429 of ,2p10 and batch, dated 23-8-2017 with all attendant benefits including interest on withheld amount. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the withheld of the petitioner without reference to Lr.No. PAG 451/SP 379/2013-17/10634, dated 14-3-2014 of the 3'^'^ gratuity (A and E)/AP/P7/I/N respondent in terms of the Judgment of the Hon’ble High Court reported in 2006 (1) ALT 354 and also the. Judgment in W.P.No. 3460 and 3429 of 2010 and batch dated 23-8-2017pending disposar df the above writ petition. lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents i withholding an amount of Rs. 3.00 lakhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 vide Lr.No. PAG (A&E)/AP/P16 / ll/K- 828/SP 844/2012-01/8482, dated 23-1-2012 of the 3 in respondent as being illegal, arbitrary, unconstitutional and contrary to the law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner and also extension of Automatic Advancement Scales by counting unaided service rendered by the petitioner from the date of his 1 St appointment in terms of the Judgment of the Hon'bie High Court reported in 2006 (1) ALT 354 and also Judgment 5 in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 with all attendant benefits including interest on withheld amount. Counsel for the Petitioner: SRI D BALA KISHAN RAO Counsel for the Respondents No.1 & 2: GP FOR EDUCATION Counsel for the Respondent No.3: SRI TENEPALLI NIRANJAN , SC for CENT. GOVT. WRIT PETITION NO: 32803 OF 2018 Between: S.M.P. Kishore Kumar, S/o.- .S.C. Subbarayudu, Aged about 65 years. Retd. Junior Lecturer (History) St. Josephs Aided Junior College, Mariapuram, Kadapa, YSR- Kadapa District, R/o. 37/127-1-9, Chinna Chowk, Kadapa-2 ...Petitioner AND The State of Andhra Pradesh, rep,, by its Principal Secretary to Government, Education (IE) Department, Secretariat, Velagapudi, Amaravathi, Guntur District; The Commissioner, and Director of Intermediate Education, A.P., Vijayawada, Krishna District. The Accountant General (A and E), for the State Of Andhra Pradesh and State of Telangana, Hyderabad. The Correspondent, St. Josephs Aided Junior College, Mariapuram Kadapa 516 003. 1. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, drder-or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding an amount of Rs..3.00 lakhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005, ,vide Lr.No. PAG (A and E)/AP/P16 / ll/K- 828/SP 844/2012-01/8482, dated 23-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutionaTand contrary to the law on the subject and 6 consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner in terms of the Judgment of the Honourable High Court reported in 2006 (1) ALT 354 and also Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8- 2017 with all attendant benefits including interest on withheld amount. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the withheld gratuity of the petitioner in terms of the Judgment of the Honourable High Court reported in 2006 (1) ALT 354 and also the Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 without reference to Lr.No. PAG (A and E)/AP/P16 / II/K-828/SP 844/2012-01/8482, dated 23-1-2012 of the 3rd respondent pending disposal of the above writ petitioner. lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus decidring the action of the respondents in withholding an amount of Rs. 3.00 takhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 vide Lr.No. PAG (A&E)/AP/P16 / ll/K- 828/SP 844/2012-01/8482,dated 23-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutional and contrary to the law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner and also extension of Automatic Advancement Scales by counting unaided service rendered by the petitioner from the date of his 1®* appointment in terms of the Judgment of the Hon'ble High Court reported in 2006 (1) ALT 354 and also Judgment 7 in W.P.No. 3460 and 3429 of 2010 attendant benefits including interest and batch, dated 23-8-2011 on withheld amount. with all Counsel for the Petitioner: SRI D BALA Counsel for the Respondents No.t Counsel for the Respondent No.3: KISHAN RAO & 2: GP FOR SCHOOL EDUCATION SRI TENEPALLI NIRANJAN SC for CENT. GOVT. WRIT PETITION NO: 3?859 OF ?nt« Between: Junior MsistlnT^st^’ j1)^sephl"®Ai?ed Fletired Kadapa, YSR Kadapa Distri^R/o. 48/313 “L^ndra'XSpT'"’ ...Petitioner AND Amaravathi, Guntur District. Velagapudi Education, A.P., \"n^%^,roTrela‘^nranL^'^^^^ KaL'^paMroS^"'' JP®®Ph® Aided Junior College, Mariapuram ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue a Writ, order- nature of Writ of Mandamus the High Court may or-direction more particularly one in the declaring the action of the respondents in withholding an amount of Rsv yo;664/- from the petitioner in lieu of Act 37 of 2005 523/SP 825/2014-02/10631, pensionary benefits of the vide Lr.No. PAG (A and E)/AP/P8./ I/L- dated '25-3-2014 of the 3rd respondent law on the as being illegal, arbitrary unconstitutional and contrary to the 8 subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner in terms of the Judgment of the Honorable High Court reported in 2006 (1) ALT 354 and also Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23- 3-2017 with all attendant benefits including interest on withheld amount. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the withheld gratuity of the petitioner in terms of the'Judgment of the Honorable High Court reported in 2006 (1) ALT 354 and also the Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 20-8-2017 without reference to Lr.No. PAG (A and E)/AP/P8/ I/L-523/SP 82572014-02/10631, dated 25-3-2014 of the 3rd respondent pending disposal of the above writ petition. lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a Writ, order 'or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding an amount of Rs. 3.0d Jakhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 vide Lr,No. PAG (A&E)/AP/P16 / ll/K- 828/SP 844/2012-01/8482, dated^23-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutional and contrary to the law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner and also extension of Automatic Advancement Scales by counting unaided service rendered by the petitioner from the date of his 1st appointment in terms of the Judgment of the Hon'ble High Court reportedTn-2006 (1) ALT 354 and also Judgment 9 in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 with all attendant benefits including interest on withheld amount. Counsel for the Petitioner: SRI D BALA KISHAN RAO Counsel for the Respondents No:1 & 2: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3: SRI TENEPALLI NIRANJAN SC for CENT. GOVT. WRIT PETITION NO: 33203 OF 2018 Between: K.Rayapa Reddy, S/o. Chiniiappa Reddy, Aged about 69 years. Retired Superintendent, St. Josephs Aided Junior College, Mariapuram, Kadapa, YSR Kadapa District, R/o. 77/170, State Bank Colony, Mariapuram, Kadapa-3 ...Petitioner AND i • • • 1. The State of Andhra Pradesh,, rep., by its Principal Secretary to Government, Education (lE) Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of intermediate Education, A.P., Vijayawada, Krishna District.' 3. The Accountant General (AandE), for the State Of Andhra Pradesh and State ofTelangana, Hyderabad. 4. The Correspondent, St. Josephs Aided Junior College, Mariapuram, Kadapa 516 003. ; ::C ...Respondents Petition under Article 226 of tlie Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order’or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding an amount of Rs. 25,765/- from the pensionary benefits of the petitioner in lieu of Act 37 of:2005 vide Lr.No. PAG (A and F)/AP/P11/I/R- 492/SP 239/2011-06/9270, datpd 27-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutional arid contrary to the law on the subject and 10 consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner in terms of the Judgment of the Honourable High Court reported in 2006 (1) ALT 354 and also Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8- 2017 with all attendant benefits including interest on withheld amount. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the withheld gratuity of the petitioner in terms of the Judgment of the Honourable High Court reported in 2006 (1) ALT 354 and also the Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 without reference to Lr.No. PAG (A and E)/AP/P11/I/R-492/SP 239/2011-06/9270, dated 27-1-2012 of the 3 respondent pending disposal of the above writ petition. rd lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a Writ, order dr direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in Withholding an amount of Rs. 3.00 lakhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 vide Lr.No. PAG (A&E)/AP/P16 / 11/K- 828/SP 844/2012-01/8482, dated 23-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutional and contrary to the law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner and also extension of Automatic Advancement Scales by-counting unaided service rendered by the petitioner from the date of his TSt appointment in terms of the Judgment of the Hon'ble High Court reported in 2006 (1) ALT 354 and also Judgment •11 in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 with all attendant benefits including interest on withheld amount. Counsel for the Petitioner: SRI D BALA KISH AN RAO Counsel for the Respondents No.1 & 2: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3: SRI TENEPALLI NIRANJAN ' SC for CENT. GOVT. WRIT PETITION NO: 35508 OF 2018 Between: Govindu Ananda Rao, S/o. G. Balaiah, Aged about 62 years, Retired Record Assistant, St. Josephs Aided Junior College, Mariapuram, Kadapa, YSR Kadapa .District, R/o. 67/7, R.V. Nagar, Mariapuram Kadapa ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary to Government, Education (IE) Department, Secretariat, Velagapudi Amaravathi, Guntur District. : 2. The Commissioner and Director of Intermediate Education, A.P., Vijayawada, Krishna DistricL 3. The Accountant General (A and E), for the State of Andhra Pradesh and State of Telangana, Hyderabad. 4. The Correspondent, St. Josephs Aided Junior College, Mariapuram Kadapa 516 003. . . , ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, orde&r direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding an amount of Rs. 63,762/- from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 as is evident from Lr.No. AG (A and E)/AP/P9/IV/A-232/SP 180/201^-^7/1484, dated 5-8-2016 of the 3rd respondent as being illegal, arbitrary, unconstitutional and contrary to the 12 law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner in terms of the Judgment of the Honourable High Court reported in 2006 (1) ALT 354 and also Judgment in W.P.No. 3460 and 3429 of 2010 and batch, dated 23-8-2017 with all attendant benefits including interest amount. on withheld lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the withheld gratuity of the petitioner without reference to Lr.No. AG (A and E)/AP/P9/IV/A- 232/SP 180/2016-07/1484, dated 5-8-2016 of the 3rd respondent in terms of the Judgment of the HonourableiHigh Court reported in 2006 (1) ALT 354 and also the Judgment in W.P.No;i3460 and 3429 of 2010 and batch dated 23-8-2017 pending disposal of the above writ petition. lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus deolaring the action of the respondents in withholding an amount of Rs. 3.00 lakhs from the pensionary benefits of the petitioner in lieu of Act 37 of 2005 vide Lr.No. PAG (A&E)/AP/P16 / ll/K- 828/SP 844/2012-01/8482, dated>23-1-2012 of the 3rd respondent as being illegal, arbitrary, unconstitutional and contrary to the law on the subject and consequently hold that the petitioner is entitled for release of withheld amount from the pensionary benefits of the petitioner and also extension of Automatic Advancement Scales by counting unaided service rendered by the petitioner from the date of his Tst appointment in terms of the Judgment of the Hon'ble High Court reported in 2006 (1) ALT 354 and also Judgment 13 in W.P.No. 3460 and 3429 of attendant benefits including interest 2010 and batch, dated 23-8-2017 with all on withheld amount. Counsel for the Petitioner: SRI D BALA Counsel for the Respondents Counsel for the Respondent No KISHAN RAO No'.t & 2: GP FOR EDUCATION 3: SRI TENEPALLI NIRANJAN SC for CENT. GOVT. The Court made the following common order: -. 4 I APHC010680782018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32761/2018 Between: ...PETITIONER B.Nageswara Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 32783/2018 Between: ...PETITIONER P.Narasa Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 32803/2018 Between: ...PETITIONER S.M.P. Kishore Kumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 32859/2018 Between; N.Lakshmi Narasaiah ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others 2 WRIT PETITION NO: 33203/201R Between: K.Rayapa Reddy ...PETITIONER AND The State Of Andhr’a Pradesh and Others ...RESPONDENT(S) WRIT PETITION NO: 35508/2018 Between: Govindu Ananda Rao ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1. D BALA KISHAN RAO Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) 2.TENEPALLI NiRANJAN ( SC FOR CENT GOVT)) The Court made the following: COMMON ORDER: Since the subject matter involved in these writ petitions are one and the same, these writ petitions are disposed of by way of common order. 2. Fleard Sri D.Balakrishna Rao, learned counsel for the petitioners and learned Assistant Government Pleader for School Education. Learned counsel for the Petitioners would submit that the Petitioners are entitled to the release of the amount that was withheld by the respondent authorities from their pensionary benefits, in light of the judgment of this Court in W.P.No.3460 of 2010 and batch dated 23.08.2017. Learned counsel would 3. 3 further submit that the Petitioners are entitled to the said amount, which was deducted from their pension, along with the attendant benefits and interest, since Act 37 of 2005, which was challenged in W.P.No.3460 of 2010 and its batch, was set aside, except for the pension. Learned counsel for the petitioners would submit that the amount received by the petitioners was not obtained by misrepresenting the facts or committing fraud. Therefore, this amount cannot be recovered. To buttress his contention, leaned counsel has relied on the judgment of the Hon'ble Supreme Court in State of Punjab and • < others vs. Rafiq Masih & others\ wherein, with regard to the permissibility of the employer for recovery from the employees, it was held as under; ‘‘It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer. In excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-Ill and Class-iv' service (or Group 'C and Group 'D' service), (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (Hi) Recovery from employees, when the excess payment has been made for a period in excess of five years, before > the order of recovery is issued, (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post, (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover. ” AIR 2015 SUPREME COURT 696 4 4.^ Learned Assistant Government Pleader for School Education would submit that the Petitioner in W.P,No.32761 of 2018 worked Superintendent, the Petitioner in W.P.No.32783 of 2018 worked the Petitioner in \/y.P.No.32803 of 2018 worked Petitioner in W.P.No.32859 of 2018 worked as a as a Lecturer, as a Junior Lecturer, the as a Junior Assistant, the Petitioner in W.P,No.33203 of 2018 worked as a Superintendent, and the Petitioner in W.P.No.35508 of 2018 worked Joseph Aided Junior College, from which they retired. Their as a Record Assistant at St. appointments at the college were made prior to the grant-in-aid provided to the college by the Government. Learned Assistant Government Pleader would further submit that the Principal Accountant General, while benefits to the Petitioners, directed the sanctioning the pensionary recovery of the excess payments made by way of pay and allowances due to pay fixation from 04.03.1987 at the minimum of the time scale, with the recovery to be made from their retirement gratuity. Pursuant to the directions issued by the Principal Accountant General under Act 37 of 2005, the excess amount was recovered from the pensionary benefits of the Petitioners. (ii) Learned Assistant Government Pleader would further submit that subsequent to the judgment passed by the High Court in Writ Petition No.3460 of 2010, the Government enacted Act 26 of 2006. The the Petitioners' amount recovered from pensionary benefits is in accordance with Act 26 of 2006 as the Petitioners received more amounts than they were entitied to, which i contrary to the regulations under the IS pay Act 26 of 2006. Learned Assistant 5 Government Pleader would further submit that as the recovery'is in accordance with the rules, he prays for the dismissal of the petitions. 5. At this stage, it is relevant to extract Rule 4.4(1) of the Act 26 of 2006 which reads as under; "The orders issued by the Government directing to take into account the increments earned by an employee of Private Educational Institutions prior to the . date of admission of posts to Gran-in-Aid while releasing Grand-in-Aid shall stand cancelled. ” 6. Considering the submissions made and upon perusal of the material on record, it is a case where the Petitioners withdrew the amount as pay and allowances. It is noted that they were paid even prior to the date of the grant- in-aid to the said post by the Government. Admittedly, the same St. Joseph ' Aided Junior College was granted grant-in-aid from 04.03.1987. In light of Act i 26 of 2006, the minimum of the time scale is to be fixed from the date of such grant-in-aid, and not earlier than the said date. 7. Coming to the set of facts, the Petitioners in W.P.Nos.32783, 32761, 35508, 32803 and 32859 retired, and immediately thereafter, while fixing the pension, the Office of the Principal Accountant General identified the defect and ordered recovery. The orders of recoveries from the pensionary benefits of the Petitioners in W.P.Nos.32783, 32761, 35508, 32803 and 32859 were issued within one year from the date of their retirement, which is well within the period mentioned by the Hon'ble Apex Court in Rafiq’s case (supra). * Whereas, in the case of the Petitioner in Writ Petition No.33203 of 2018, he retired from service on 28.02.2007, and the recovery was ordered after five 1 ) I 6 years, which is much later than the date of his retirement. Thus, the Petitioner in W.P.No.33202 of 2018 falls under the purview of the judgment in Rafiq’s case (supra). As rightly put by the learned Assistant Government Pleader, the amount recovered from the pensionery benefits of the Petitioners in W.P.Nos.32783, 32761, 35508, 32803 and 32859 is in accordance with Act 26 of 2006 as the Petitioners as the said recovery was made immediately after their retirement. 8. In that view, Writ Petition No.33203 of 2018 is allowed and the Proceedings in Lr.Nb.PAG(A&E)/AP/P11/l/R-492/SP 239/2011-06/9270 , dated 27.01.2012 issued by Respondent No.3, are set aside. Writ Petition Nos. 32783, 32761, 35508, 32803 and 32859 are dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Sd/- N NAGAMIVIA ASSISTANT REGISTRAR SEcf^OFFICER 1 The Principal Secretary to Government, Education (IE) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Intermediate Education, A.P., Vijayawada, Krishna District. 3. The Accountant General (A and E), for the State Of Andhra Pradesh and State of Telangana, Hyderabad. 4. The Correspondent, St. Josephs Aided Junior College, Mariapuram, Kadapa 516 003. 5. One CC to Sri D Bala Kishan Rao, Advocate [OPUC] 6. One CC to Sri T. Niranjan, SC.for Central Government [OPUC] 7. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] 8 Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies ^ closed. //TRUE COPY// To, RAM 15 HIGH COURT DATED:29/04/2025 COMMON ORDER WP.Nos.32761, 32783, 32803, 32859, 33203 & 35508 of 2018 I njUN®5 s) Current uaciion ALLOWING WRIT PETITION.No.33203 of 2018 WITHOUT COSTS & DISMISSING THE WRIT PETITION.Nos.32783 32761, 35508, 32803 and 32859 of 2018 WITHOUT COSTS