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2023 Supreme(Telangana) 676

K. SARATH
C. Sujatha – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
Nayakwadi Ramesh, Advocate

JUDGMENT

1. Heard Learned Counsel for the petitioner and Learned Assistant Government Pleader for Services-I appearing for the respondents.

2. Learned Counsel for the petitioner submits that the husband of the petitioner Late Sri J.Yohan, who worked as Head of the Department in Mechanical Engineering at Government Polytechnic, Kosgi, Narayanpet District was expired while in service on 8/6/2021. The petitioner consequent on death of her husband, submitted an application to the concerned authorities to sanction family pension and release terminal/ death-cum-retirement benefits duly enclosing all the relevant documents as per Telangana Revised Pension Rules, 1980. While it being so, surprisingly, the respondent No.2 issued impugned proceedings of recovery of Rs.53,61,878.00 from Terminal benefits of husband of the petitioner on 29/10/2022 as the husband of the petitioner misappropriated the said amounts and stated that the impugned orders issued as per G.O.Ms.No.85, Finance and Planning (FIN.WINGPen. I) Department, dtd. 12/7/1999.

3. Learned Counsel for the petitioner further submits that the impugned recovery orders passed by the respondent No.2 basing on the Special Audit conducted a

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