APHC010192742021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10964/2021 Between: 1. CHETIPALLE SURESH BABU, S/O PUNISHOTHAM, AGED 50 YEARS, R/ O D.NO 1/394-1, MARUTHI NAGAR, CUDDAPAIAH, ANDHRA PRADESH-516001 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DIST, ANDHRA PRADESH. 2. THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF AP, 4TH FLOOR, B BLOCK, VTPS RD, BHIMARAJU GUTTA, IBRAHIMPATNAM, ANDHRA PRADESH 521456. 3. THE REGIONAL JOINT DIRECTOR SCHOOL EDUCATION, YSR CUDAPAIAH DIST, ANDHRA PRADESH. 4. THE DISTRICT COLLECTOR, CUDDAPAIAH, ANDHRA PRADESH. 5. THE DISTRICT EDUCATION OFFICIER, CUDDAPAIAH, ANDHRA PRADESH p. 2 ...RESPONDENT(S): 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned orders ref Rc no 2903/B1/2019 dated 28.05.2021 for recovery of full pay and allowances which was paid to the petitioner way back in the year of 2010 for pursuing of his B.Ed course by virtue of GO MS NO 342 dated 30.08.1977 as illegal, arbitrary, without jurisdiction and violative of Art 14,16,19,21 and 300-A of the Constitution of India, and consequently set aside the impugned orders as the same were issued in contravention to the Honble Supreme Court judgment in the case of STATE OF PUNJAB AND OTHERS ETC V/S RAFIQ MASIH (WHITE WASHER) ETC Citation 2014 LawSuit(SC) 1075, wherein the Honble Apex court held that, recovery is not permissible in cases of when the excess payment has been made for a period in excess of five years, before the order of recovery is issued and pass IA NO: 1 OF 2021 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 temporarily suspend the operation of impugned orders ref Rc no 2903/B1/2019 dated 28.05.2021 pending disposal of the above Writ Petition and pass IA NO: 2 OF 2021 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 vacate the interim orders passed on 01-07-2021 in Wp. 10964/2021 by dismissing the writ petition in the interest of justice Counsel for the Petitioner: 1. DASARI CHANDRA SEKHAR Counsel for the Respondent(S): p. 3 1. GP FOR EDUCATION 2. GP FOR SERVICES III The Court made the following: ORDER Sri Dasari Chandra Sekhar, learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. Permission, as sought for, is accorded. Accordingly, the Writ Petition is Dismissed as Withdrawn. No costs. As a sequel, all the pending miscellaneous petitions, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD