D.V.M. Krishna Rao vs A. Omkaram
2021 Latest Caselaw 3252 AP

             HIGH COURT OF ANDHRA PRADESH

MAIN CASE No:C.C.Nos. 925 of 2019, 926 of 2019, 929 of
2019, 930 of 2019, 931 of 2019, 948 of 2019, 1043 of 2019,
1046 of 2019 and 1068 of 2019

                    PROCEEDING SHEET
Sl.                                                                        OFFICE
        DATE                              ORDER
No.                                                                        NOTE.
7.    27.8.2021   AVSS, J & MVR,J
                                                                           Tr.to
                           Alleging    wilful   disobedience    of   the   I.O.folder
                                                                           before
                                                                           corrections,
                  common order passed by this Court on                     if any.

                  19.07.2019 in Writ Petition Nos.9309 of 2019
                  and batch, directing the petitioners to file
                  appropriate         representation     before      the
                  respondents for consideration of the same for

extending the benefit of Annual Grade Increments, the present Contempt Cases are filed.

It is brought to the notice of this Court that after filing the Contempt Cases, the respondent-authorities have issued orders, turning down the request of the petitioners while referring to the judgment of the Hon'ble Supreme Court in State of Punjab & others v. Jagjit Singh & others {(2017) 1 SCC 148}.

According to the learned Advocates for the petitioners, in the said judgment, the Hon'ble Supreme Court never ruled that employees would not be entitled for the incidental Annual Grade Increments as per FR 9 (31) (a), which reads as under: " 'Time scale of pay' means pay which subject to any condition prescribed in these rules, rises by periodical increments from a minimum to maximum. It includes the class of pay hitherto known as progressive".

It is further submitted by the learned Advocates for the petitioners that the word used in the judgment of the Hon'ble Supreme Court in the abovereferred judgment i.e. 'allowance', cannot be construed as Annual Grade Increment attached to the minimum time scale.

It is also brought to the notice of this Court that when a similar issue came up before this Court in Writ Petition No.7880 of 2015, a Division Bench of this Court, vide order dated 11.10.2018, dismissed the Writ Petitions filed by the State, confirming the order passed by the A.P. Administrative Tribunal, wherein the Tribunal directed extension of benefit of payment of Annual Grade Increments to some of the similarly situated employees, and the order passed by the Division Bench of this Court was confirmed by the Hon'ble Supreme Court vide order dated 29.10.2020 in SLP (Civil) Diary No.44089 of 2019. It is also brought to the notice of this Court that thereafter, the Government issued a Memo dated 11.11.2020 implementing the order of the Tribunal and extended the benefit of Annual Grade Increments in favour of the applicants in the said Original Application.

The learned Government Pleader Sri C.Suman seeks a short accommodation to have deliberations with the respondents to come back with necessary instructions.

Post after three weeks, at request.

_________ AVSS, J

________ MVR, J

DRK