APHC010043812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2469/2025 Between: G. Jaya Prakasam, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. A V V S BHUJANGA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES I The Court made the following ORDER: Heard Sri A.V.V.S.Bhujanga Rao, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services-I appeared on behalf of the respondents 3, 5, 6 & 7 and Sri Ravi Teja, learned Assistant Government Pleader for School Education appeared on behalf of the respondents 1 & 4. 2. The above writ petition is filed to declare the action of the respondents in withholding / recovery of an amount of Rs.2,86,360/- from the petitioner’s retirement gratuity, after retirement as excess paid under G.O.Ms.No.330, 2 Education Department, dated 10.08.1983 in violation of Full Bench Judgment in W.P.No21457 of 2004, as illegal and arbitrary. 3. At the hearing, learned counsel for the petitioner as well as learned Assistant Government Pleader for Services appeared on behalf of the respondents, would submit that the issue involved in this writ 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”. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to forthwith refund to the petitioner, the amount of Rs.2,86,360/- wrongfully recovered/withheld from the pensioner 3 benefits within eight (8) 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, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.02.2025 KA 4 95 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2469/2025 Date: 03.02.2025 KA