Bathula Aruna Kumari, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4332 AP

HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

MAIN CASE No: W.P.Nos.12735, 12777 & 12790 of 2019 PROCEEDING SHEET Sl. OFFICE DATE ORDER No NOTE.

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14. 20.07.2022 1. Pursuant to the order dated 14.07.2022, Sri M. Srikant, learned counsel appears to argue the matter as it was also requested by Sri Atmakuri Sai Rohit, learned counsel for the petitioner on 14.07.2022 that Sri M. Srikant would appear to argue the matter today.

2. Sri M. Srikant faily submits that in view of the judgment in Ram Naresh Rawat vs. Ashwini Ray and others1, prima facie, the petitioners are not entitled for addition of the annual grade increments in the minimum of the pay scale, though they would be entitled for the payment of the minimum of the pay scale.

3. Sri M. Srikant further submits that in W.P.No.1352 of 2021 (Gudikandula Jagadish and others vs. The State of A.P., rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Guntur District), decided by this Court vide judgment dated 21.04.2022, in which he was the counsel for the petitioners, therein, his argument that those petitioners were entitled for addition of the annual grade increments in the minimum of the pay scale, was based on the judgment of the Division Bench of this Court in Government of Andhra Pradesh and others vs. S. Nageswara Rao and others2, and as he did not notice the judgment of the Hon'ble Supreme Court in the Ram Naresh Rawat (supra).

4. Sri M. Srikant submits that he is in touch with the petitioners of W.P.No.1352 of 2021 and considering the legal position he has advised them

(2017)3 SCC 436

2012(1) ALD 26 (DB)

to file review petition and as per his instructions the review will be filed within ten days from today, to the extent of grant of annual grade increments in the minimum of the pay scale placing reliance on the judgment of Division Bench of this court in S. Nageswara Rao (supra), but without noticing the later pronouncement in Ram Naresh rawat (supra) of the Hon'ble the Apex Court which was not placed before this Court.

5. The above, was noticed by this Court when learned counsel for the petitioner placed reliance on the judgment dated 21.04.2022 in W.P.No.1352 of 2021, in the present W.P. for the grant of same benefits.

6. The law declared by the Hon'ble the Apex Court is binding. Any order passed without noticing the law declared by the Apex Court, as on the date of passing of the order, is open for review, is well settled.

7. In view of the statement made by Sri M. Srikant, list on 01.08.2022 as prayed, along with record of W.P.No.1352 of 2021.

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