Allowed

M. Sree Ramulu Reddy, v. Government of A.P.

Andhra Pradesh HC23 Sept 2022WP/24737/2013

Case brief

AI extract

What is this about?

Full Bench in 2010 (4) ALT 145 held recovery barred. Current Court follows prior rulings directing State to return Rs. 4.20 L, Rs. 2.89 L, and Rs. 2.88 L withheld from petitioners' pensions within three months, with 12% annual interest.

What did the court decide?

Refund of Rs. 4.20L, Rs. 2.89L, and Rs. 2.88L withheld from pensions within three months; 12% p.a. interest.

M. Sree Ramulu Reddy, Vs Government… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE M.GANGA RAO

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WRIT PETITION Nos.24681, 24737 and 24683 of 2013

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ORDER :

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Heard Sri A. Sai Rohith, counsel appearing for Sri A.V.V.S.Bhujanga Rao, Advocate on Record, learned Assistant

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Government Pleader for School Education and learned Assistant Government Pleader for Finance and Planning.

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Sri A. Sai Rohith, learned counsel states that the subject matter of these writ petitions is squarely covered by the order passed by this Court in W.P.No.7399 of 2021 dated 06.04.2021.

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This issue is no longer res integra in view of the decision of the Full Bench of this Court in W.P.No.21457 of 2004 and batch in the case of

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State Language Teachers Assocaition Rep. by its State General Secretary, Palla Sathaiah & others Vs. State of Andhra Pradesh rep. by its Secretary to Government, Legislative Affairs and Justice, Hyderabad & others¹ , wherein after examining the provisions of Act 1 of 2005, the Bench had inter alia held as follows:

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“(iii) The impugned Act is silent with regard to recovery of the amounts already paid to those Grade-II Pandits who availed the benefit under G.O.Ms.No.330, dated 10.08.1983 and hence the Government shall not recover any amount actually and already paid to any of the Language Pandits Grade-II who were given benefit of Scale of Pay of Grade-I.”

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1 2010 (4) ALT 145

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The aforesaid decision was followed by a coordinate Bench of this Court in W.P.No.33315 of 2013, dated 22.06.2020 and W.P.Nos.31507, 31491, 31496 and 33315 of 2013, wherein the issue relating to Act 1 of 2005 and Grade II Pandits was considered. The Division Bench also discussed about the orders passed by the Full Bench of this Court reported in 2010 (4) ALT 145 in the above writ petitions and thereafter, issued a direction to the respondents to process and finalize the pension proposals of the applicants without any recovery.

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Following the same, these Writ Petitions are also disposed of in terms thereof with the direction that the reasons and directions contained therein shall form part of this order. Accordingly, the respondents are directed to forthwith return the amount of Rs.4,20,970/-, Rs.2,89,986/- and 2,88,312/- to the petitioners’ which was wrongfully recovered/withheld from the pensionery benefits within a period of three (3) months from the date of receipt of a copy of this order, failing which the said amount shall carry interest at the rate of 12% per annum till such refund is made. No order as to costs.

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As a sequel, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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__________________ M.GANGA RAO, J

Date: 23.09.2022

CSR

THE HON’BLE SRI JUSTICE M.GANGA RAO

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