Chinnathoti Mani vs The State Of Andhra Pradesh
2023 Latest Caselaw 1369 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION No.5910 OF 2023
ORDER:-

      The present Writ Petition is filed under Article 226 of the Constitution

of India, seeking the following relief:

         "... to issue a writ or order, orders or direction more
         particularly one in the nature of Writ of Mandamus
         declaring the inaction of respondents in releasing the

annual grade increments is arbitrary, unjust, contrary to law is illegal, arbitrary, unjustified, contrary to law and consequently direct the respondents to grant due increments to the petitioner and pass such other order or orders..."

2. Heard learned counsel for the petitioner and learned Government

Pleader for the respondents.

3. In brief the case of the petitioner is that he was appointed as sweeper

at respondent No.4 institution and rendering service as sweeper since from

the date of his appointment.

4. The learned counsel for the petitioner submits that the petitioner

services were regularized in the year 1990 and he was granted increments

upto 2010. He further submits that due to pending criminal case registered

by the ACB, the petitioner was denied increments since 2011. He further

submits that the said criminal case was ended by way of acquittal of the

petitioner vide judgment dated 30.06.2017, as such the petitioner is entitled

for increments as was granted till 2010. Hence the writ petition.

5. On the other hand, the learned Government Pleader for the

respondents submits that no representation was filed along with this writ

petition and no where it is stated about the representation by the petitioner

so far.

6. At this juncture, in reply, the learned counsel for the petitioner

submits that the petitioner can be allowed to submit a fresh representation

to the respondent Nos.2 and 3 who are the competent authorities for

sanction of increments for the period from 2011, if the petitioner is

otherwise eligible.

7. Having regard to the submissions made by the learned counsel for the

petitioner as well as learned Government Pleader for the respondents, this

court is of the considered opinion that the present writ petition can be

disposed of directing the petitioner to submit representation a fresh along

with all the required documents before the respondent Nos.2 to 4, within a

period of one week and thereupon, after submission of such representation,

the competent authority i.e. the respondent Nos.2 and 3 shall consider the

same and pass appropriate orders after providing an opportunity of hearing

to the petitioner, if the petitioner is otherwise eligible for such increments

within a period of two months thereafter from the date of receipt of a copy of

this order.

8. Accordingly, the Writ Petition is disposed of. There shall be no order

as to costs.

As a sequel thereto, interlocutory applications pending, if any in the

writ petition, shall also stand closed.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

10th March, 2023 Note: Issue C.C., within a week.

B/o.

KNR

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION.No.5910 of 2023

10th March, 2023

KNR Note: Issue C.C., within a week.

B/o.

KNR