M. Mallikarjuna Sarma 3 Others vs The Govt Of Ap., Rep By Secy., 3 ...
2022 Latest Caselaw 6442 Tel

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  HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                      AND
  HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

                            W.P.No.9371 OF 2006

ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)

      This writ petition is filed seeking the following relief:

           '"....to issue a writ order or direction more particularly
           one in the nature of a writ of Mandamus declaring that
           the petitioners are entitled for two advance increments
           for possessing law degree qualifications by becoming law
           graduates on par with the other employees of the
           Andhra Pradesh Institution of the Lokayuktha and
           Upa-Lokayuktha in view of the various judgments of the
           High Court and Supreme Court and that the non-release
           of the two advance increments to these petitioners is
           highly, unjust, improper, contrary to law, arbitrary,
           discriminatory, opposed to the Rule of equity and
           violative of the fundamental rights and the principles of
           natural justice and consequently to grant necessary
           directions against the respondents to grant two advance

increments to the writ petitioners from the dates of their acquiring the law degrees or from the date of joining in the office of the 3rd respondent whichever is later."

Heard Sri D.Ramalingaswamy, learned counsel appearing

for the petitioners, learned Government Pleader for Finance

appearing for respondent Nos.1 to 3 and Sri M.V.S.Suresh

Kumar, learned counsel appearing for the 4th respondent.

It is the case of the petitioners that they are all employees

of Lokayuktha and Upa-Lokayuktha and all of them are having

Law Degree qualification. They are requesting the respondents to

grant two additional increments for possessing Law Degree

qualification as it was extended to the employees of High Court

and also to the judicial employees. But, the 3rd respondent has

rejected the cases of the petitioners vide proceedings dated

08.12.2005 stating that there is no specific order from the

Government.

Learned counsel appearing for the petitioners had

contended that the issue as to whether the cases of the

petitioners can be considered for grant of two additional

increments for possessing Law Degree qualification or not, has

to be considered by the State Government, but not by the 3rd

respondent. The State has not passed any orders on the request

made by the petitioners, so far. Therefore, appropriate orders be

passed in the writ petition by directing respondent Nos.1 and 2

to consider the cases of the petitioners for grant of two

additional increments for possessing Law Degree qualification.

Learned Government Pleader appearing for respondent

Nos.1 to 3 had contended that the persons, who have acquired

Law Degree qualification prior to 01.07.1998, alone are entitled

for grant of two additional increments for possessing Law

Degree qualification as the petitioners have not acquired the Law

Degree qualification prior to 01.07.1998, the petitioners are not

entitled for the relief sought for by them. However, if the

petitioners submit a representation to respondent Nos.1 and 2,

respondent Nos.1 and 2 would examine the cases of the

petitioners and pass appropriate orders thereon.

Having considered the rival submissions made by the

learned counsel on either side, this Court is of the view that this

writ petition can be disposed of directing the petitioners to

submit a detailed representation to respondent Nos.1 and 2

staking their claim for grant of two additional increments for

possessing Law Degree qualification within a period of two

weeks from the date of receipt of a copy of this order. On

receipt of such representation, respondent Nos.1 and 2 shall

consider the same and pass appropriate orders thereon in

another three months.

Accordingly, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________________________ JUSTICE ABHINAND KUMAR SHAVILI

___________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO

Date: 05.12.2022 rkk