The High Court disposed of this writ petition regarding the recovery of retirement gratuity by referencing the same reasoning as a prior Division Bench order in W.P.No.21718 of 2021, without independent detailed adjudication.
Petition disposed of in terms of order in W.P.No.21718 of 2021; no independent relief granted in this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.3903 OF 2023
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in withholding/recovery an amount of Rs.4,92,235/- from petitioners retirement gratuity that too after their retirement 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 Hon’ble Telangana High Court in W.P.No.32896 of 2013 and Batch dated 24.02.2022 is as illegal, arbitrary, unconstitutional and consequently declare that the petitioner is entitled for repayment of the recovered/withheld gratuity amount of Rs.4,92,235/- as per to 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 percent on delay payment from the date on which the gratuity becomes payable till such payment is made and to pass such other order or orders…”
Heard learned counsel for the petitioner, learned Government Pleader for Services-II, learned Government Pleader for Services-III and Mrs.K.Swarna Seshu, learned Standing Counsel appearing for the 2nd respondent.
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squarely covered by the order dated 29.09.2021 passed by the Hon’ble Division Bench of this Court in W.P.No.21718 of 2021 and requested to pass a similar order in this Writ Petition also. The same is not disputed by learned counsel for the respondents.
As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed.
The Registry is directed to enclose a copy of the order in W.P.No.21718 of 2021, dated 29.09.2011, to this order.
_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Date: 16.02.2023 BSP
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION.No.3903 of 2023
Date: 16.02.2023 BSP
1 issue framed by the court
Whether the writ petition seeking declaration of illegality in withholding retirement gratuity and direction for repayment is disposed of in line with the Division Bench order in W.P.No.21718 of 2021
1 provisions across 1 enactments
Petitioner
State Respondents
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
