J. KOTAPPA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri A.V.V.S.Bhujanga Rao, learned counsel for the petitioner, learned Government Pleader for Services- III appearing for respondents 1, 3 to 8 and Sri K.Bala Krishna, learned Standing Counsel appearing for respondent No.2.

(2.) Aggrieved by the decision of respondent-authorities to recover the amount from retirement benefits/with-holding the gratuity payable to the petitioner on the ground that he was paid excess amounts earlier, under G.O.Ms.No.330, Education (H1) Department, dtd. 10/8/1983, the petitioner herein filed O.A.No.10656 of 2012 before the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal '). The said O.A, filed by the petitioner was disposed of as covered by the decision in O.A.No.8905 of 2008. In O.A.No.8905 of 2008, the Tribunal observed that the Full Bench of this Court while up-holding Act 1 of 2005, observed that the amounts already paid to Grade-II Pandits should not be recovered and sets aside the direction to recover the amounts from the respective candidates. The Tribunal therefore, observed that in view of the judgment of the Full Bench of this Court in W.P.No.21457 of 2004 and Batch, dated 16. 04.2010, it is no more permissible for the employer to recover the alleged excess amount paid/to adjust from the retirement benefits alleging that excess amount was paid.

(3.) The individual orders passed by the Tribunal in several O.As, were not implemented. The excess amount already adjusted from the gratuity payable to the individual employees was not repaid. Alleging non-compliance of the orders, C.A.No.1320 of 2013 and Batch were filed before the Tribunal. When these C.As, were listed, the Tribunal was informed that aggrieved by the order of Tribunal in O.A.No.8905 of 2008, W.P.No.33594 of 2013 was filed before this Court and by order, dtd. 25/11/2013 in W.P.M.P.No.41799 of 2013, this Court granted interim stay of operation of the order of the Tribunal. Taking note of this development, the Tribunal disposed of all the contempt cases observing that no direction can be issued to comply with the orders passed in O.As, pending disposal of W.P.No.33594 of 2013 and granted liberty to the applicants to avail appropriate remedy if the interim order is vacated or the writ petition is finally disposed of.