M. KISHORE KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition is filed aggrieved by the action of respondents in issuing Memo No.A1/172/2020 dtd. 1/12/2020, seeking, recovery of excess pay and allowances made to the petitioner from 1/4/1994 to 11/5/2010, as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India and for a consequential direction to pay the retirement benefits and pension to the petitioner, by setting aside the said Memo.

(2.) Heard Mr.G.R. Sudhakar, learned counsel for the petitioner and the learned Government Pleader for Services-IV, appearing for the respondents.

(3.) The petitioner was appointed as Civil Assistant Surgeon on 14/1/1992. He worked at various places and retired from services on 31/1/2020 on attaining the age of superannuation, after rendering 32 years of service. As the retirement benefits were not released and pension is not being paid, the petitioner approached respondents 2 and 3 on several occasions, but the same did not yield any response. Ultimately, the petitioner was informed that he has drawn excess pay and allowances from 1/4/1994 to 11/5/2010 and the same is sought to be recovered as per Memo dtd. 1/12/2020 of the 2nd respondent. After waiting for considerable time, the petitioner got issued a legal notice on 28/4/2021 requesting the respondents to release the retirement benefits and pay pension as per Rules, with interest at the rate of 12% per annum. Despite receipt of the said notice, the respondents did not move in the matter nor issued any reply to the said notice and in such circumstances, the petitioner invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking the reliefs as prayed for.