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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 i.e., 01.01.2018, 01.01.2019 and 01.01.2020, as illegal and arbitrary.
The Petitioner while working as Assistant Secretary in Agriculture Market Committee was placed under suspension from 21.07.2017 to 26.08.2019 in connection with an ACB case registered for disproportionate assets in Cr.No.07/RCA-ACB-GNT/2017 for the offenses punishable under Sections 13 (2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, on 19.07.2017. Pending investigation, the suspension of the Petitioner was revoked vide Memo No.32021/2/2017-SO(Vig.II), dated 26.08.2019, and thereafter, he worked as Assistant Secretary in the Agriculture Market Committee and retired from service on attaining the age of superannuation on 30.06.2021.
The grievance of the Petitioner is that the Petitioner was not paid annual grade increments during the period of suspension i.e., 01.01.2018, 01.01.2019 and 01.01.2020 even though representations were 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.Nos. 9228 of 2021, 4553 of 2021, and 18004 of 2022 and 30863 of 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 would submit that the Representations of the Petitioner for the purpose as sought would be considered by the Respondent Authorities and an appropriate decision would be taken.
Heard Smt. S.Siva Kumari, learned counsel for the Petitioner and learned Government Pleader for Services.
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. In the said case, 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. The said judgment was followed in series of judgments of this Court in W.P.Nos 9228 of 2021, 4553 of 2021, 18004 of 2022 and 30863 of 2025 to quote a few.
In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increments for the years i.e., 2018, 2019 and 2020 as unsustainable and consequently, the Respondents are directed to release the annual grade increments due to the Petitioner for the years i.e., 2018, 2019 and 2020 within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, pending applications, if any, shall stand closed.