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2022 Supreme(AP) 115

NINALA JAYASURYA
M. Kishore Kumar, S/o Sri M. Mashak – Appellant
Versus
State of Andhra Pradesh, rep. by its Principal Secretary, Department of Health & Family Welfare, Secretariat, Velagapudi, Amaravathi, Guntur District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.G.R.Sudhakar
For the Respondent: Government Pleader for Services-IV

ORDER :

The present Writ Petition is filed aggrieved by the action of respondents in issuing Memo No.A1/172/2020 dated 01.12.2020, seeking, recovery of excess pay and allowances made to the petitioner from 01.04.1994 to 11.05.2010, 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 14.01.1992. He worked at various places and retired from services on 31.01.2020 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 01.04.1994 to 11.05.2010 and the same is sought to be recovered as per Memo dated 01.12.2020 of the 2nd respondent. A

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