Telangana High Court
The Director Of Prosecutions vs Smt.P. Shailaja, on 14 November, 2023
Bench: Abhinand Kumar Shavili, Anil Kumar Jukanti
THE HON'BLE SHRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.14286 of 2018
ORDER: (Per Hon'ble Shri Justice Abhinand Kumar Shavili)
This Writ Petition is filed by the petitioners aggrieved
by the orders passed by the Andhra Pradesh
Administrative Tribunal (for short, 'the Tribunal'),
Hyderabad in O.A.No.2421 of 2008, dated 06.04.2016.
2. Heard learned Government Pleader for Services-I
appearing for the petitioners.
3. It has been contended by the petitioners that the
1st respondent was working as a Senior Assistant Public
Prosecutor with the petitioners and she was erroneously
granted additional increment for possessing Post Graduate
degree on 26.10.1998 w.e.f. 16.06.1998 and it was
discontinued, vide Memo, dated 17.09.2007, wherein the
additional increment for possessing Post Graduate degree
was withdrawn w.e.f. 16.06.1998 and the amount excess
paid to the 1st respondent was sought to be recovered and
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a consequential Memo was also issued on 29.01.2008 to
that effect. In those set of circumstances, the 1st
respondent has approached the Tribunal by filing
O.A.No.2421 of 2008 and the Tribunal, vide orders, dated
06.04.2016, has allowed the said O.A. and was pleased to
set aside the impugned Memo, dated 17.09.2007 and
consequential Memo, dated 29.01.2008, with a direction to
the petitioners herein to refund the amounts, if any,
recovered from the 1st respondent herein and further
directed the petitioners herein to continue to pay additional
increments to the 1st respondent herein in the future also,
without appreciating the fact that the 1st respondent herein
is not entitled for additional increment for possessing the
Post Graduate degree.
4. The learned Government Pleader for Services-I
appearing for the petitioners had contended that a similar
issue has fallen for consideration before this Court in
W.P.No.8628 of 2005 and this Court, vide orders, dated
22.07.2005, has held that additional increments cannot be
extended after 16.06.1998 and following the said
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judgment, another Division Bench of this Court in
W.P.No.11808 of 2006, vide orders, dated 08.11.2006, has
held that the petitioners therein are not entitled for
additional increments and further the amounts which were
already paid to the petitioners therein cannot be recovered.
In the instant case also, the Tribunal has erroneously
directed the petitioners to continue to pay additional
increments to the 1st respondent though she is not entitled
for. Therefore, appropriate orders be passed in the present
Writ Petition by setting aside the orders of the Tribunal in
O.A.No.2421 of 2008, dated 06.04.2016 and allow the Writ
Petition.
5. This Court, having considered the said submissions,
is of the view that the Tribunal was not justified in allowing
the O.A.No.2421 of 2008, vide orders, dated 06.04.2016, as
this Court in W.P.No.11808 of 2006, vide orders, dated
08.11.2006, has held that the petitioners therein are not
entitled for additional increments and further the amounts
which were already paid to the petitioners therein cannot
be recovered by following the judgment of this Court in
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W.P.No.8628 of 2005, dated 22.07.2005. Therefore, the
orders passed by the Tribunal in O.A.No.2421 of 2008,
dated 06.04.2016, are contrary to the law laid down by this
Court and are liable to be set aside and accordingly, set
aside. However, the amounts paid to the 1st respondent
cannot be recovered.
6. With these observations, the Writ Petition is allowed.
No order as to costs.
Miscellaneous applications pending, if any, in this
Writ Petition, shall stand closed.
________________________________
ABHINAND KUMAR SHAVILI, J
_____________________________
ANIL KUMAR JUKANTI, J
Date: 14.11.2023
KRR/ISN
