B R K S N Prasad vs The State Of Andhra Pradesh
2021 Latest Caselaw 5228 AP

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.20450 OF 2019

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India, to declare the action of the respondents in

not releasing Annual Grade Increments along with H.R.A. from the

date of payment of minimum time scale extended vide

G.O.Rt.No.1523 PR & RD dated 26.10.2009 and G.O.Rt.No.1542

PR & RD dated 29.10.2009 and G.O.Rt.No.445 PR & RD dated

28.03.2011 along with arrears as illegal, arbitrary and

consequently direct the respondents to consider the representation

of the petitioners dated 08.11.2019.

Respondent No.3 filed counter affidavit raising several

contentions, more particularly about disentitlement of the

petitioners to claim increments, besides raising several other

grounds.

During hearing, Sri T.V.V. Koteswara Rao, learned counsel

for the petitioners submitted that, an interim direction was issued

by this Court on 08.11.2021 to dispose of the representation of the

petitioners dated 08.11.2019, but so far no action has been taken

and limited his request to dispose of the representation of the

petitioners dated 08.11.2019.

Learned Government Pleader for Services-II objected the

claim of these petitioners on the ground that the petitioners are

not entitled to claim Annual Grade Increments, in view of the MSM,J WP.No.20450 of 2019

judgment of the Apex Court in Ram Naresh Rawat v. Ashwini Ray

and others1.

But, this Court cannot decide such an issue on merits, since

the request made by learned counsel for the petitioners is limited

to dispose of the representation dated 08.11.2019.

Hence, the respondents are directed to dispose of the

representation of the petitioners dated 08.11.2019 in accordance

with law, within four (04) weeks from the date of receipt of copy of

this order, otherwise, serious consequences will follow.

With the above direction, writ petition is disposed of. No

costs.

Consequently, miscellaneous applications pending if any,

shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:15.12.2021

SP

(2017) 3 Supreme Court Cases 436