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Judgment
The present Writ Petition is filed questioning the action of the Respondents in not releasing the annual grade increments due to the Petitioner for the years 2017 to 2021 and to declare the same as illegal and arbitrary.
The Petitioner was initially appointed as Typist in the year 1986. Thereafter, he was retired from service on attaining the age of superannuation on 31.01.2026. While the Petitioner was working as Office Superintendent at Andhra Medical College, Visakhapatnam District, he was placed under suspension vide Progs.Rc.No.449/B1/2017, dated 05.05.2017 in connection with an ACB case registered for disproportionate assets in FIR.No.10/RCA-ACB/VSP/2017, dated 25.04.2017 for the offenses punishable under Sections 13(2)(e) R/w 13(1)(e) of the Prevention of Corruption Act, 1988. On 24.03.2021, the suspension of the Petitioner was revoked vide Rc.no.449/B1/2017 dated 07.04.2021, Regional Director of Medical and Health Services, Visakhapatnam. As annual increments were not sanctioned for the years 2017 to 2021, the present Writ Petition is filed. 3. Learned counsel for the Petitioner relied upon Order passed by the Division Bench of this Court in W.P. No. 6617 of 2004, dated 04.11.2004 and similar Orders passed by this Court in W.P.No.9228 of 2021, dated 13.07.2021, W.P.No.4553 of 2021, dated 24.02.2021 and W.P.No.15504 of 2009, dated 16.04.2015 and W.P.No.36534 of 2025, dated 31.12.2025. This Court in similar circumstances had directed the Respondent-authorities to sanction the annual grade increments after referring to the provisions of F.R.24.
Learned Assistant Government Pleader appearing for the Respondents would submit that the representation of the Petitioner for the purpose as sought would be considered by the Respondent-authorities and an appropriate decision would be taken.
Heard both the counsel.
The Division Bench of this Court in W.P.No.6617 of 2004 was considering the case of an individual seeking subsistence allowance after factoring in the annual grade increments. The Andhra Pradesh Administrative Tribunal had directed that the subsisting allowance be paid after taking into account the annual increments. In the Writ Petition filed by the State, the Division Bench of this Court, after referring to the provisions of F.R.24, held that unless an order of withholding increments is passed, the same cannot be withheld.
The said principle was followed in series of Judgments of this Court in W.P.Nos.9228 of 2021, 4553 of 2021 and 18004 of 2022.
In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increments for the years 2017 to 2021 as illegal, and consequently, the Respondent-authorities are directed to release the annual grade increments due to the Petitioner for the years 2017 to 2021 within a period of one (01) month from the date of receipt of a copy of this order.
There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed