THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.3047 OF 2001 ORDER: This Writ Petition is filed for a writ of mandamus to declare action of the respondents in not crediting the illegally withdrawn amount from the G.P.F. account of the petitioner as arbitrary and illegal and consequently, to direct the respondents to remit the amount of Rs.1,60,000/- with interest at the rate of 24% per annum from the date of its withdrawal. 2. Heard both sides. 3. The petitioner herein worked as a District Co-operative Officer, Guntur in the year 1998 and contributed an amount of Rs.2,000/- per month towards G.P.F. subscription for his future needs. On 25.03.1998, he came to know that respondent No.2 paid an amount of Rs.1,60,000/- from his G.P.F. account to an unknown person on the production of token issued by respondent No.3. On 03.12.1999, the petitioner made a complaint with Nagarampalem Police Station, Guntur, against respondent Nos.2 and 3. Since, the police have not initiated any action against respondent Nos.2 and 3, questioning the inaction of the respondents, petitioner herein filed W.P.No.36715 of 1998. In the said Writ Petition, on 31.12.1998, this Court directed the respondents to complete the enquiry and initiate action against the culprits. Thereafter, petitioner herein filed C.C.No.1283 of 1999 against the respondents for not complying the order of this Court, dated 31.12.1998 in the said Writ Petition. On 12.07.2000, the said Contempt Case was disposed of with a direction to the Chief Secretary to the Government of Andhra Pradesh, to cause an enquiry into the administrative lapses, which culminated the third party to unauthorizedly withdraw sum of Rs.1,60,000/- from the G.P.F. account of the petitioner. On 02.09.2000, the petitioner made a representation to the concerned authorities by enclosing copy of the judgment for taking necessary action. Till now, the respondents have not taken any action. Hence, the present writ petition. 4. The factual matrix is not in dispute. The petitioner was having a G.P.F. account from which an amount of Rs.1,60,000/- was paid by respondent No.2 to an unknown person on production of token issued by respondent No.3. Thereafter, a Criminal Case was registered against respondent Nos.2 and 3 for payment of the amount from the G.P.F. account of the petitioner to an unknown person. It seems, on 27.02.2001, after retirement of the petitioner from service, Government issued G.O.Rt.No.309, Finance and Planning (FW-Admn.1) Department, dated 27.02.2001, duly releasing Rs.1,60,000/-, which was illegally drawn by some unknown person, to the petitioner. Now, the relief sought for is only with regard to the interest payable to the petitioner on Rs.1,60,000/-, if the said amount had not been withdrawn by the unknown person. There cannot be any dispute that if the amount had not been withdrawn from the G.P.F. account of the petitioner by an unknown person, the petitioner would have earned interest on the said amount. For no fault of the petitioner, interest was not credited to him. Therefore, the petitioner is entitled for interest on Rs.1,60,000/- at the rate of 9% per annum from the date of withdrawal of the said amount by the unknown person till the date of payment. 5. Accordingly, the Writ Petition is allowed with costs quantified at Rs.2,000/-. _______________ K.C. BHANU, J December 02, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.3047 OF 2001 Between: B. Sridhar .....PETITIONER AND Government of Andhra Pradesh and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.3047 OF 2001 December 02, 2010