Shaik Jareena vs The State Of Ap
2022 Latest Caselaw 3198 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

          MAIN CASE No: W.P. No.18362 OF 2022

                   PROCEEDING SHEET

SL.                                                                 OFFICE
         DATE                         ORDER
NO.                                                                  NOTE
01.    30.06.2022 KVL, J


                     Notice before admission.
                     This Writ Petition is filed questioning
                 the action of the 3rd respondent in not

releasing the three annual grade increments from 24.10.2019 to 24.10.2021 to the petitioner as School Assistant (Hindi) in spite of proposals submitted by the Head Master vide proceedings dated 22.06.2020 as illegal and arbitrary. The case of the petitioner is that she is working as School Assistant at ZPHS, Chilamanuchenu, Ozili Mandal. On 18.12.2018, termination order was passed by the 3rd respondent, in violation of Rules 20 and 21 of CCA Rules. The petitioner challenged the said termination order by filing O.A.No.2892 of 2018 before the A.P. Administrative Tribunal and an interim direction was granted on 31.12.2018 by suspending the termination order, with a direction to the respondents to continue the petitioner as School Assistant and giving liberty to the respondents to proceed with the enquiry. Pursuant to the said direction, petitioner was continued in service. Thereafter, a charge memo dated 19.07.2019 was issued to the petitioner and she submitted her explanation. As the SL. OFFICE DATE ORDER NO. NOTE 3rd respondent is not releasing annual grade increments which are due to the petitioner from 24.10.2019, she submitted a representation on 22.06.2020 to the Head Master, ZPHS, Chilamanuchenu, and the said representation was forwarded to 3rd respondent on 22.06.2020. But, the 3rd respondent did not take any action so far. Hence, the present Writ Petition.

Learned counsel for the petitioner submits that the respondents cannot stop the increments unless punishment was imposed as per CCA rules and he also relies on the judgment of the Division Bench of this Court in W.P.No.6617 of 2004 and that merely as the enquiry is pending, the respondents cannot stop the increments.

Learned Government Pleader appearing for the respondents seeks time to file counter affidavit.

As the Headmaster addressed a letter to the 3rd respondent on 22.06.2020 to take appropriate action, by enclosing the representation of the petitioner, the 3rd respondent is directed to examine the case of the petitioner and pass appropriate orders thereon as expeditiously as possible.

List the matter after eight weeks.

________ KVL, J

Rmn