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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 from the years 2018 and 2019 as illegal and arbitrary.
The Petitioner has been working as Assistant Engineer in the Respondents Department. A case in FIR No.03-RCT-RJY/2017, dated 16.03.2017 was registered against the Petitioner by the ACB Authorities, Rajamahendravaram Range, under the Prevention of Corruption Act, 1988 and the same was numbered as C.C.No.25 of 2021 on the file of the Special Judge for trial of SPE & ACB cases, Rajamahendravam, East Godavari District. While so, the Petitioner was placed under suspension vide Orders dated 10.04.2017 by the Respondent Authorities. Thereupon, the suspension of the Petitioner was revoked pending disposal of the case registered against the Petitioner. On account of the suspension, the annual grade increments due to the Petitioner from the years 2018 and 2019 were not released till today. Hence, the present Writ Petition.
The grievance of the Petitioner in the present Writ Petition is that the Petitioner was not paid annual grade increments due to the Petitioner from the years 2018 and 2019 even though a representation was given to that effect to the Respondent Authorities.
Learned counsel for the Petitioner relied upon a judgment of the Division Bench of this Court in W.P. No. 6617 of 2004 and similar judgments passed by this Court in W.P.No. 9228 of 2021, 4553 of 2021, and 18004 of 2022. 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 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, dated 04.11.2004, 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 FR 24, held that unless an order of withholding increments is passed, the same cannot be withheld. This Judgment was consistently followed by the coordinate benches of this Court in W.P.Nos.9228 and 4553 of 2021 and 18004 of 2022 to quote a few.
In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increment due to the Petitioner from the years 2018 and 2019 as illegal, and consequently, the Respondents are directed to release the annual grade increment due to the Petitioner from the years 2018 and 2019 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