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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Y. Prakasa Rao S/o Y. Makanna – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition initiated for pension release. (Para 1 , 2 , 3 , 3) |
| 2. arguments presented by both parties regarding pension benefits. (Para 4) |
| 3. court observes previous cases impacting recovery policies. (Para 5 , 6 , 7) |
| 4. directions issued for timely release of pension benefits. (Para 8) |
ORDER :
1. The present Writ Petition is filed seeking for a direction to the Respondents to release full pension and pensionary benefits like Gratuity and Commutation of Pension due to the Petitioner with quantified interest at 10% per annum.
2. The facts leading to filing of the present Writ Petition are as follows:
The Petitioner was initially appointed as Attender in Kalidindi Gram Panchayat in Krishna District on 11.11.1992 on compassionate grounds. Subsequently, the Petitioner retired from service on attaining the age of superannuation on 30.06.2024 after rendering 31 years of continuous service in the same post. On retirement, the pension proposals of the Petitioner have been sent by Respondent No.5 to Respondent No.4 and ‘No Due Certificate’ was also issued. In spite of the same, the retirement benefits were not being finalized.
3. On persuasion, the Petitioner was informed that
Recovery of excess pension payments is impermissible under certain conditions, particularly for retired employees.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Recovering excess payments from retirees without misrepresentation violates principles of natural justice.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
Recovery of excess amount without fault of recipient is impermissible, especially from retired employees or those due to retire.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
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