Allowed

E.Narsimha Reddy v. Southern Power Distribution Company Ltd. of T.S

Telangana HC9 Nov 2023WP/31708/2022

Case brief

AI extract

What is this about?

The High Court, following Rafiq Masih, set aside recovery orders for terminal benefits where recovery was sought beyond five years from the date of last payment. The court ordered the respondents to refund the amounts recovered to the petitioners.

What did the court decide?

Recovery orders set aside; respondents directed to refund the recovered amounts to petitioners within two months of receiving a copy of this order.

E.Narsimha Reddy Vs Southern Power… — Pension and Retirement Benefits | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TV/ENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

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WRIT PETITION NO:317 08 0F 2022

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Between:

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E.Narsimha Reddy, S/o. Linga Reddy, Aged 62 years, Occ Retired. AAO, R/o. H No.4-9-854, Lecturers Colony, Road No.8A, Hayathnagar-SO1505, Telangana

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S.Ramulu, S/o. Kondanna, Aged 62 years, Occ Retired. AAO, R/o. H.No.105-931214, Santhoshnagar Colony, Near Maheshwari Theatre, Mahaboobnagar-50900 1, T.S.

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T.Devender Reddy, S/o. Ram Reddy, Aged 62 years, Occ Retired. AAO, R/o. H.No.17-1-3B2lRl135lA and B, F.No.302, Laxminagar, Champapet, Hyderabad.

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P.Sudershan, S/o. Agaiah, Aged 61 years, Occ Retired. AAO, R/o. H.No.12-11/C/23, Satyanagar Colony, Lalapet, Tfyderabad, T.S.

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T Ranga Reddy, S/o. Chinna Reddy, Aged 62 years, Occ Retired. AAO, R/o. H.No.3-36/.t/2, Plot No.346, Road No.6, Prashanth Hills, Meerpet, R R.District-500097

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G.Yadagiri Reddy, S/o. Ram Reddy, Aged 63 years, Occ Retired. JAO, R/o. H No.3-1-345, SBH Colony, Venture-lll, Mythrinagar, L.B.Nagar -500074, T.S

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7 ( V Satyanaayana, S/o. K.Ramana, Aged 60 years, Occ Retired. Foremen, R/o. H.No.8-3-22811 1491 A, Ramanthapur, Yousufguda, Hyderabad -500045, T.S.

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Smt S.Lokeshwari, Wo. Sam Manaiah, Aged 58 years, Occ Housewife, R/0. Plot No.48, 49, H.No.6-17l2A, Dee Nagar, Chintal, Qutbullapur, R.R.District - 500065

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9 Smt S.Laxmi, Wo. Iate Ramchander, Aged 57 years, Occ Housewife, R/o. H.No.6-3-26/F/A/A/1, Jamulamma Nagar, Hanumanpura, Mahaboobnagar509001, T.S

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...PETITIONERS

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AND

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Southern Power Diskibution Company LTD of T.S, Mint Compound, Corporate Office, Hyderabad, Rep. by its Chairman and Managing Director

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2 Chairman and Managing Director, Southern Power Distribution Company LTD

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^^{of T S-,-Mint^C_ompound,CorporateOffice, Hyderabad, Telangana}

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^^{of T S-,-Mint^C_ompound,CorporateOffice, Hyderabad, Telangana} 3 Pay Officer, Office of the Chief General Mandger (Finance), Sbuthern power Distribution Company LTD of T.S., Mint Comp-ound, Corporate Office, Hyderabad, Telangana.

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4 Chref-General Manager (HRD), Southern Power Distribution Company LTD of

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_^{T S.,^Mint Compound. CorporateOffice, Hyderabad, Telangana.}

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The Superintendent Engineer (Operation),'Southern^{poweiDistribution}

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^{CompanyLTD of T.S . Habsiguda, Uppat, Ranga ReddyDistrict.}

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1. The Superintendent Engineer (Operation), Southern Power Distribution Company LTD of T.S., Secunderabad, Telangana.

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The Superintendent Engineer (Operation), Southern Power Distribution Company LTD of T S., I\4ahaboob Ndgar, Telangana

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8 The Superintendent Engineer (Operation), Southern Power Distribution

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^^{Company LTD of T S., Saroornagar,Ranga Reddy District,Telangana.} 9. Southern Power Distribution Company LTD of T.S, Baniara Hills, Flyderabad, Tela ngana.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus. or any other appropriate writ, order or direction declaring the action of the respondents in recovering an amount of Rs.2,14,7621- from the 1st Petitioner, an amount oI Rs.6,7 2,222l- from the 2nd petitioner an amount of Rs.6 52,450/- from the 3rd petitioner an amount of Rs.5,46,437l- from the 4th petitioner an amount of Rs.2,73,447t-^,from the Sth petitioner an amount of Rs.4,06,4091-l- from the 6th petitioner an amount of Rs.4,50,000/- from the 7th petitioner an amount of Rs.4,84,g011- from the gth petitioner an amount of Rs.7,28,712l- from the gth petitioner as illegal, arbitrary and violative of artlcle 21 of the constitution and further direct the 2nd respondent to refund the said amounts with interest respectively from the date of recovery.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to grant lnterim directions directing the respondents not to recover any amount from the monthly amount paid to the 6th respondent, pending disposal of the above writ petition.

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lA NO:2 OF 2022

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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 grant interim direction directing the respondents to consider. the petitioners representations LT.No.TEBREiHYD/D.No 26t2019, dated 01.08.2019, 01.10.2018, 1.8.2019,20.5.2022,27.8.2021 ,8102018 andlO.T20lS,pendingdisposat of the above writ petition.

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Counsel for the Petitioners: SRI C.RAGHU FOR SRI LINGAMPELLY RAVINDER Counsel for the Respondents: SRt R.VINOD REDDY, SC FOR TSTRANSCO

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The Court made the following: ORDER

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I t

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THE HON'BLE SMT.^{JUSTICEP.MADHAVIDEVI} W.P.No. 3L7Oa of 2022

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ORDER:

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In this Writ Petition, the^petitioners are challenging the recovery of certain^{sums from the terminal benehts ofthe} petitioner on the^ground that^{there was a wrongfixation of pay by} stepping up^of their^{pay as comparedto the juniors,as illegaland} arbitrary and^{in violationof principles of naturaljustice and the} petitioners are also seeking^{settingaside of the recoveryorder and} also for^{refund of the recovered amount and to pass such other} order or orders.

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Learned Senior counsel appearing for the^petitioners has placed^{relianceupon the judgment of the DivisionBenchof} this Court in^{W.P.No.43628 of 2Ol8 dated 13.O9.2023, wherein} the decision^{of Hon'bleSupreme Court in the case of State of} Punjab and Others^{vs. Rafiq Masih} [Whtte^{Washert and} Others^I , has been^{followed and} it^{was held that any excess} amount paid, even^{it itis erroneously, cannot be recovered} beyond five^{years of retirement.}

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Learned Standing Counsel appearing for the respondents filed^counter alfrdavit asserting that the pay had

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t20ls)4^{scc 334}

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been erroneously frxed at a higher scale and therefore, the recovery is sought to be made.

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Having regard to the rival contentions and the material on record and also thr: lact that the payments were made from the year 2OOl and the petitioners have retired in the year 2Ol8 and therefore, the recovery is being sought to be made beyond five years after the payments were made. The issue is therefore squarely covered by the decision of the Hon'ble Supreme Court in the case of Rafiq Masih (cited supra). Therefore, the recovery orders are set aside and the respondents are directed to refund the recovered amount to the petitioners within a period of two (2) months from the date of receipt of a copy of this order.

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The writ petition is accordingly disposed of. Ttrere shall be no order as to costs.

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Miscellaneous applications, if any pending, shall also

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SlaI(L^closerl-

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sD/-A.v.s- PRd SAD AssrsrANr *=vRAR //TRUE COPYII

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SECTION OFFICER

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I The Chairman and Managing Director, Southern Power Distribution Company LTD of T.S, Mint Compound, Corporate Office, Hyderabad.

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2 The Chairman and Managing Director, Southern Power Distribution Company LTD of T.S., Mint Compound, Corporate Office, Hyderabad, Telangana.

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3 Pay Officer, Office of the Chief General Manager (Finance), Southern Power Distribution Company LTD of T.S , Mint Compound, Corporate Office, Hyderabad, Telangana.

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4 Chief General Manager (HRD), Southern Power Distribution Company LTD of T S., Mint Compound, Corporate Office, Hyderabad, Telangana.

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5 The Superintendent Engineer (Operation), Southern Power Distribution Company LTD of T.S., Habsiguda, Uppal, Ranga Reddy District.

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t) The Superintendent Engineer (Operation), Southern Power Distribution Company LTD of T.S., Secunderabad, Telangana.

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.T.TheSuperintendentEngineer(operation),southernPowerDistribution \ Compahy LTD^{of T.S , Mahaboob Nagar' Telanoana'} \ 6. it'" 5rp"t"n;";i^E;6iil; ioperat"ron),^{soutEern Power Distribution} - i;p;;y r-fo or r S ' Saroornalar' Ranga Reddv District' Telangana 9. Southern^po"i'Oi.iribrtionCo-frprny LTb of T S, Banjara Hills, Hyderabad. Telangana.

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1. Orle ic to SRI^{LINGAMPELLY RAVIND-ER,Advocatg[o^P-u^c-l..^.} ii.on; cc to snt^{RViNoD neoov sc FoR TSTRANSco IoPUC]} 12.Two CD CoPies

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PSK. \ LS ".)y'-

HIGH COURT

DATED:0911112023

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ORDER

WP.No.31708 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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E.Narsimha Reddy v. Southern Power Distribution Company Ltd. of T.S

Case brief

What is this about?

What did the court decide?

E.Narsimha Reddy v. Southern Power Distribution Company Ltd. of T.S

Case brief

What is this about?

What did the court decide?

What the court decided

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