Singamsetti Leela Bhaskara Rao vs The State Of Ap
2021 Latest Caselaw 1182 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARJAVATI
(SPECIAL ORIGINAL JURISIDICTION)
FRIDAY , THE TWENTY SIXTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE -«
:PRESENT: %
THE HONOURABLE THE CHIEF SDE SRI ARUP KUMAR GOSWAMI ~
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ~

   

WRIT PETITION NO: 25481 OF 2020 .
Between:
Singamsetti Leela Bhaskara Rao, S/o Subba Rao. ---

Petitioner |
AND

1. The State of Andhra Pradesh, rep. by its Principal Secretary Law,
pegisiative and Justice Department, Secretariat, Velagapudi Village, Guntur
istrict.
2. The Principal District Judge, Eluru, West Godavari District.
Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue an appropriate Writ, order or direction, more particularly one in the nature of Writ
of Mandamus, declaring the challenging the action of the 2nd respondent in rejecting
the case of petitioner for Special Adhoc Promotion Post Scale under Automatic
Advanced Scheme and re-fixing the pay of petitioner from 18-09-2006 in the category of
Attender, though the petitioner has been working as Record Assistant from 6-2-2015
and also action of the 2nd respondent in issuing impugned notice dated 28-09-2020 for
recovery of alleged excess pay as highly illegal, arbitrary and violative of Principles of

"Natural justice and Art. 14 and 16 of the Constitution of India and consequently direct
the 2nd respondent to consider the petitioner for grant of Special Adhoc Promotion Post
Scale under Automatic Advanced Scheme with existing pay scale.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased To
Suspend the notice dated 28-09-2020 of 2nd respondent and to continue to pay the
existing pay scale to the petitioner without recovery, pending disposal of WP 25481 of
2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sreenivasa Rao Velivela
Advocate for the Petitioner, Sri M. Madhusudhan Reddy GP for Law & Legislative
Affairs for the Respondent No.1 and of Sri K. Srinivasa Rao, Standing Counsel for
Respondent No.2, the Court made the following.

ORDER:

(Taken up through video conferencing) Heard Mr.Sreenivasa Rao Velivela, learned counsel for the} petitioner, and

Mr.K.Srinivasa Rao, learned Standing Counsel for respondent No.2.

Mr.Madhusudhan Reddy, learned Government Pleader for Law and

Legislative Affairs, appears for respondent No.1.

By the notice, dated 28.9.2020, the learned Principal District Judge, West Godavari, Eluru sought to recover an amount of Rs.5,45,531/-, which was drawn by the petitioner from 18.9.2006 to 30.9.2020 as revised pay

fixation, on the ground that the pay fixation was erroneously made.

Learned counsel for the petitioner has drawn the attention of this Court to the judgment reported in State of Punjab and others vs. Rafiq Masih (White Washer) and others [(2015) 4 SCC 334.]

After hearing the learned counsel for the parties and on perusal of the judgment referred to above, we suspend the notice dated 28.09.2020 issued by

the learned Principal District Judge, West Godavari, Eluru.

Registry to list the case after four (4) months for consideration. v

Sd/-Ch.V.Subraman a Sarma

| ASSISTANT,REGISTRAR | ITTRUE COPY! = SECTION Ahn .

For ASSISTANT REGISTRAR To

1. The Principal Secretary Law, Legislative and Justice Department, State of

Andhra Pradesh, Secretariat, Velagapudi Village, Guntur

District.

The Principal District Judge, Eluru, West Godavari District.(1 & 2 by RPAD)

One CC to Sri Sreenivasa Rao Velivela Advocate [OPUC]

OU CCs to GP for Law & Legislative Affairs,High Court of Andhra Pradesh. UT]

One CC to Sri K. Srinivasa Rao, Standing Counsel (OPUC)

One spare copy :

Pa Ron

TVR -

HIGH COURT

HCJ & LKJ

DATED:26/02/2021

ORDER

WP.No.25481 of 2020

POST AFTER FOUR WEEKS