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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
W.P.No.9371 OF 2006
ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)
This writ petition is filed seeking the following relief:
'"....to issue a writ order or direction more particularly
one in the nature of a writ of Mandamus declaring that
the petitioners are entitled for two advance increments
for possessing law degree qualifications by becoming law
graduates on par with the other employees of the
Andhra Pradesh Institution of the Lokayuktha and
Upa-Lokayuktha in view of the various judgments of the
High Court and Supreme Court and that the non-release
of the two advance increments to these petitioners is
highly, unjust, improper, contrary to law, arbitrary,
discriminatory, opposed to the Rule of equity and
violative of the fundamental rights and the principles of
natural justice and consequently to grant necessary
directions against the respondents to grant two advance
increments to the writ petitioners from the dates of their acquiring the law degrees or from the date of joining in the office of the 3rd respondent whichever is later." Heard Sri D.Ramalingaswamy, learned counsel appearing for the petitioners, learned Government Pleader for Finance 2 appearing for respondent Nos.1 to 3 and Sri M.V.S.Suresh Kumar, learned counsel appearing for the 4th respondent.
It is the case of the petitioners that they are all employees of Lokayuktha and Upa-Lokayuktha and all of them are having Law Degree qualification. They are requesting the respondents to grant two additional increments for possessing Law Degree qualification as it was extended to the employees of High Court and also to the judicial employees. But, the 3rd respondent has rejected the cases of the petitioners vide proceedings dated 08.12.2005 stating that there is no specific order from the Government.
Learned counsel appearing for the petitioners had contended that the issue as to whether the cases of the petitioners can be considered for grant of two additional increments for possessing Law Degree qualification or not, has to be considered by the State Government, but not by the 3rd respondent. The State has not passed any orders on the request made by the petitioners, so far. Therefore, appropriate orders be passed in the writ petition by directing respondent Nos.1 and 2 3 to consider the cases of the petitioners for grant of two additional increments for possessing Law Degree qualification.
Learned Government Pleader appearing for respondent Nos.1 to 3 had contended that the persons, who have acquired Law Degree qualification prior to 01.07.1998, alone are entitled for grant of two additional increments for possessing Law Degree qualification as the petitioners have not acquired the Law Degree qualification prior to 01.07.1998, the petitioners are not entitled for the relief sought for by them. However, if the petitioners submit a representation to respondent Nos.1 and 2, respondent Nos.1 and 2 would examine the cases of the petitioners and pass appropriate orders thereon.
Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this writ petition can be disposed of directing the petitioners to submit a detailed representation to respondent Nos.1 and 2 staking their claim for grant of two additional increments for possessing Law Degree qualification within a period of two weeks from the date of receipt of a copy of this order. On 4 receipt of such representation, respondent Nos.1 and 2 shall consider the same and pass appropriate orders thereon in another three months.
Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.
__________________________________ JUSTICE ABHINAND KUMAR SHAVILI ___________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date: 05.12.2022 rkk 5