The High Court disposed of a writ petition challenging salary recovery proceedings. Upon noting that the petitioner retired and received benefits, the Court made the interim stay order absolute and dismissed the petition.
Interim order dated 26.02.2014 restraining salary recovery made absolute; Writ Petition disposed of.
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.
[3301 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY SIXTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 5592 OF 2014
Between:
D.Ramesh S/o Late Lingam, aged about 57 years, Occ Dy.Supdt (F), E.87598, Resident of 2-3-70213, Flat No.S-2, Upasana Residency, Amberpet, Hyderabad-13.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ or direction, particularly one in the nature of WRIT OF CERI IORARI, quash the impugned order issued by the 2nd respondent in proceedings No.E11255(7)1201'1-RM:NZB, daled 15.02.2012, for recovering of an amount of Rs. 25,801/- from the petitioner's salary as confirmed by the 1't respondent vide Proc. No. P1l19(20)/2013-PO.lV, dated 24.09.2013 as illegal, discriminatory, arbitrary and in violation of Article 14, 16 and 21 of the Constitution of lndia and consequentially the petitioner pray this Honble Court may be pleased to direct the respondents to repay the amount recovered from the petitioner in the interest ofjustice and fairplay.
l.A. NO: 2 OF20 14(WPMP. NO: 6945OF 2014)
Petition under Section 151 CPCpraying thatin the circumstances stated in the affidavitfiledin supportof the petition,the High Court may be pleasedto stay the recovery of an amount ofRs.25,801/-from the petitioners salary by suspending the impugnedproceedings No. E11255(7)/20'1 1 dated15.2.2012 as confirmed by the'lst respondentvide Proc. No. P1l'19(20)/2013-PO.lV,dated 24.09.2013,pending disposal of the abovewrit petition in the interestof justice and fairplay.
Counsel for thePetitioner: SRIV.NARASIMHA GOUD
Counsel forthe Respondents:M/s. SAI MAHITHA, REP.FOR SRI THOOM SRINIVAS, SC FOR TSRTC
The Court made the following: ORDER
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THE HONOURABLESRI JUSTICE PULLA KARTHTK
WRIT PETITIoN No.5592OF 2OL4
ORDER:
.This Writ Petitionis fileci challenging the impugned order of the 2n't respondentin proceedingsNo El 1255(7112011 RM:NZB, dated 15.02.2012,for recoveringan amount of Rs 25,BO1 l-frorn the petitioner's salaryas confirmedby the 1"t respondent uide proceedings No.Pil19(20\l20 l3 PO IV,dated 24 09'2O13'as illegal and arbitrary.
2
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petitio.rer has retired from service on 31.05.2015 a,',d re ceived all the terminal benefits, and submits to allow the u,rit petition.
6 In viernz of the aboi,e, the interim order, dated 26.02.2014. is made absolute
7 With the above observation, this Writ petition rs disposed of
Miscellaneous applications, if any, pendrng in this r,r,rir petition, shall stand closed. No costs.
\
SD/. G. SIREESHA ASSISTANISEGISTRAR //rRUE cOPY/t (fr SECTION OFFICER
To,
One CC to SRI V.NARASIMHA GOUD, Advocate [OPUC] 5 One CC to SRI THOOM SRINIVAS, SC FOR TSRTC [OPUC] 6 Two CD Copies BSR GJP
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1
HIGH COURT
DATED: 2610912023
.:_ STAI r- o,..
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ORDER
WP.No.5592 of 2014
DISPOSING OF THE WRIT PETITION,
WITHOUT COSTS
a3 1\
3 issues framed by the court
Whether the petitioner is entitled to quash the recovery proceedings initiated against him for a specific salary amount.
Whether the petitioner, having received retiring benefits, should be granted the writ petition.
Whether the interim order restraining recovery should be made absolute.
D. Ramesh S/o Late Lingam
APSRTC Reptd. by its Managing Director
The Regional Manager, APSRTC, Nizamabad Region
The Dy. Chief Accounts Officer, APSRTC
Pulla Kartik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
