Andhra Pradesh High Court - Amravati
Syed Bazed vs The State Of Andhra Pradesh, on 28 April, 2022
RC,J
W.P.No.27988 of 2021
1
HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No. 27988 of 2021
ORDER:
This writ petition has been filed under article 226 of the Constitution of
India for the following relief:
"....to issue an appropriate order, writ or direction, more particularly one in
the nature of writ of mandamus, declaring the Memo No.OE56362021-3,
dated 16.11.2021 issued by the 2nd respondent, rejecting the
representation to consider the case of the petitioner for sanction of
increments as not feasible, as illegal, arbitrary and violative of articles 14,
16& 21 of the Constitution of India and also the Judgments of this Court
and consequently set aside the Memo No.OE5636/2021-3, dated
16.11.2021 issued by the 2nd respondent and direct the 2nd respondent to
consider the case of the petitioner for releasing increments for the period
on 01.;01.2019, 01.01.2020 and 01.01.2021 in terms of the judgment of
this Court in W.P.No.4553 of 2021 and W.P.No.9228 of 2021 and release
the increments...."
2. The case of the petitioner, in brief, is that while he was working as
Superintendent/Sub Registrar, Gr.II in the office of the 2nd respondent, there
was ACB trap on 18.09.2018 and the petitioner was kept under suspension
w.e.f. 19.09.2018 and investigation is pending, his suspension was revoked
during review meeting held on 28.10.2019 without prejudice to the
disciplinary/ criminal proceedings initiated against him and accordingly he was
reinstated into service. It is the further case of the petitioner that he made a
representation to the 2nd respondent on 03.09.2021 for release of increments
which are due on 01.01.2019, 01.01.2020 and 01.01.2021 and the said
representation was rejected by the 2nd respondent placing reliance on rule-
5(a)& F.R.24 of A.P.Fundamental Rules. Aggrieved by the same, the present
writ petition is filed.
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W.P.No.27988 of 2021
3. The 2nd respondent filed counter-affidavit refuting the averments of
the petition.
4. Heard Sri E.V.V.S.Ravi Kumar, learned counsel for the petitioner and
Sri N.Aswartha Narayana, learned Government Pleader for Services-I.
5. Learned counsel for the petitioner contended that rejection of
representation of the petitioner placing reliance on Rule-5(a) & F.R.24 of A.P.
Fundamental Rules is not sustainable and Rule-5(a) is not at all applicable to
the facts of the case. The learned counsel while relying on the orders of this
Court passed in W.P.No.4553 of 2021 and W.P.No.9228 of 2021, which were
placed on record, contended that the respondents have no right to withhold
the annual increments and prayed to allow the writ petition.
6. On the other hand, the learned Government Pleader for Service-I
argued that annual increment for the year 2021 has already been granted to
the petitioner and as the petitioner is not entitled for annual increments for
the years 2019 and 2020 they were withheld and thus justified the action of
the respondents in withholding them and prayed to dismiss the writ petition.
7. A perusal of the memo passed by the 2nd respondent shows that it is
not as per law and the reasons mentioned therein are not justifiable.
8. Upon perusal of the orders passed in W.P.No.4553 of 2021 and
W.P.No.9228 of 2021, relied on by the learned counsel for the petitioner, this
Court deems it fit and appropriate to dispose of the writ petition on the
following terms:
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W.P.No.27988 of 2021
(a) The impugned Memo No.OE56362021-3, dated 16.11.2021 issued
by the 2nd respondent is set aside,
(b) The 2nd respondent is directed to consider and decide the issue
afresh with regard to release of annual increments for the years
2019 and 2020, preferably within a period of four (04) weeks from
the date of receipt of copy of this order, bearing in mind the
orders passed by this Court in W.P.No.9228 of 2021 and
W.P.No.4553 of 2021 and also the Rules in vogue.
(c) There shall be no order as to costs.
As sequel thereto, miscellaneous petition, if any, pending shall stand
closed. Interim orders, if any, shall stand vacated.
_________________________
JUSTICE RAVI CHEEMALAPATI
28th April, 2022
RR
RC,J
W.P.No.27988 of 2021
HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.27988 of 2021
28th April, 2022
RR
