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2025 DIGILAW 468 (AP)

S. Vani, W/o late R. Bhanu Prasad v. Principal, GVR Govt.

2025-03-13

K.MANMADHA RAO

body2025
ORDER : K.MANMADHA RAO, J. This petition is filed under Article 226 of the Constitution of India for the following relief;- "...pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not regularising the petitioners service from 22 05.2012 and consequentially not releasing the increments including Special grade Pay as per the orders in OA.No.5293/2015 dated 29.9.2016 and consequential G.O.Rt.No.424 Youth Advancement Tourism and Culture Department dated 12.12.2017 and also not refunding the recovery amount to the petitioner as highly illegal arbitrary and consequentially this Honble Court may be pleased to declare that the petitioner herein is entitled for annual grade increments from 22.04.2012 including Special Grade Pay as per the orders in O.A.No 5293/2015 dated 29.9.2016 and consequential G.O.Rt.No.424 dated 12.12.2017 with all consequential benefits including refunding of recovery amount and may pass. 2. The case of the petitioner in brief is that the petitioner was appointed on compassionate grounds as Junior Assistant vide proceedings Rc.No.A7/2945/2006, dated 17.08.2006 and posted at GVR Government College of Music and Dance, Vijayawada. Consequently, the petitioner service was regularized and probation was declared w.e.f 24.08.2008 by proceedings No.B/11/09 and she is also entitled for promotion as Senior Assistant. But, the 1st respondent surprisingly issued a Memo No.A1/2013, dated 07.08.2013 stating that the petitioner has not passed Telugu language test as per Rule 13 of A.P. State and Subordinate Service rules and called for explanation. The petitioner submitted explanation stating that he has studied upto VII class with telugu as 2nd language and has also passed departmental tests conducted by the APPSC in November, 2009 for next promotion. The petitioner also appeared for Telugu Language test at the instance of the 1st respondent conducted by the APPSC on 15.02.2014 and passed the same. But, inspite of that, the respondents has issued a proceedings, dated 22.08.2015 wherein ordered recovery of Rs.1,00,669/- from the petitioner and also declared the postponement of regularisation of service though the petitioner’s service was regularized. The petitioner also appeared for Telugu Language test at the instance of the 1st respondent conducted by the APPSC on 15.02.2014 and passed the same. But, inspite of that, the respondents has issued a proceedings, dated 22.08.2015 wherein ordered recovery of Rs.1,00,669/- from the petitioner and also declared the postponement of regularisation of service though the petitioner’s service was regularized. Challenging the order, dated 22.08.2015, earlier the petitioner filed O.A.No.5293 of 2015 before the Tribunal and the Tribunal at the stage of admission granted interim stay of recovery by order, dated 14.09.2015 and later the order was set aside with a direction to the respondents to regularise the petitioner’s service for two years anterior to passing of Telugu Language Test as per Rule 16 (h) of A.P State and Subordinate Service Rules. As the petitioners not complied the same. Contempt Case was filed and finally the Government issued G.O.Rt.No.424, Youth Advancement Tourism and Culture Department, dated 12.12.2017 declaring that the petitioner completed her probation w.e.f 23.05.2012 to 22.05.2014 i.e., date of publication of results of Telugu Test by APPSC and directed the 2nd respondent to take necessary action. Consequently, the 2nd respondent also issued a Memo No.AI/1091/2017, dated 19.12.2017, wherein the petitioner’s probation was declared w.e.f. 23.05.2012 as per the orders of the APAT and issued proceedings, dated 25.08.2012 in favour of the petitioner. Later, the 1st respondent issued proc.No.A1/1/2013, dated 27.10.2018 wherein sanctioned annual grade increments w.e.f. August, 2013 only instead of August, 2012 which is against to G.O.Rt.No.424, dated 12.12.2017. To that effect, the petitioner submitted representation with a request to sanction annual grade increments from August, 2012 and also 6 years SPP Scale on completion of service in the cadre of Junior Assistant. But the respondents not considered so far and further stated in the Memo No.B/26/2019, dated 06.08.2019, that the bill was returned with audit objections from the Treasury Department, dated 05.07.2019 stating that as the petitioner passed Telugu Language Test on 22.04.2014, therefore, arrears can be claimed from 22.04.2014 only but not from 01.07.2013 and the service register not enclosed. The petitioner has complied the said objections. But, the respondents has not released the arrears of increments from 22.04.2012 and also 6 years SPP Scale.. Hence, the present Writ Petition is filed. 3. Counter affidavit was filed by Respondent Nos.1 to 3. The petitioner has complied the said objections. But, the respondents has not released the arrears of increments from 22.04.2012 and also 6 years SPP Scale.. Hence, the present Writ Petition is filed. 3. Counter affidavit was filed by Respondent Nos.1 to 3. In the counter affidavit it was stated that the petitioner was sanctioned annual grade increment w.e.f. August, 2013 instead of August 2012 vide this office proceedings No.A/1/2013, dated 27.10.2018. The petitioner had already taken annual grade increment for the year 2012 w.e.f 01.08.2012. Hence, it is not against G.O.Rt.No.424, dated 12.12.2017 also, the petitioner is eligible for 2nd increment w.e.f 23.05.2014 as per the date of declaration of probation. It is further stated in the counter affidavit that the arrear bill from 01.07.2013 to 31.10.2018, dated 15.11.2018 for an amount of Rs.5,11,148/- was passed, the proposals for 6 years increment were sent to the Director, with remarks Declaration of probation and Regularization of services of individual have been extended from 25.08.2006 to 22.05.2014 vide GO.Rt.No.424, dated 12.12.2017. The services and probation of the petitioner was declared on 23.05.2014 vide G.O.Rt.No.424, dated 12.12.2017 but not from 22.05.2012. The petitioner is eligible for 2nd increment w.e.f 23.05.2014 not from 01.08.2018 and the petitioner is eligible for special grade increment from 23.05.2018 not from 25.08.2012 as per treasury authorities. The issue of refund of recovered amount will be settled soon after receipt of the orders from the Government. 4. Heard Mr M.R.Tagore, learned counsel for the petitioner and the learned Government Pleader for Higher Education appearing for the respondents. 5. On hearing, learned counsel for the petitioner submits that the 2nd respondent has issued a Memo No.A1/1091/2017, dated 19.12.2017, declaring petitioner’s probation w.e.f. 23.05.2012 as per the orders of the APAT and issued proceedings, dated 25.08.2012 in favour of the petitioner. But, the 1®‘ respondent vide proc.No.A1/1/2013, dated 27.10.2018 sanctioned annual grade increments w.e.f. August, 2013 only instead of August, 2012 which is against to G.O.Rt.No.424, dated 12.12.2017. He further submits that increments including Special Grade Pay was not released to the petitioner as per the orders in O.A.No.5293/2015, dated 29.09.2016, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders, 6. He further submits that increments including Special Grade Pay was not released to the petitioner as per the orders in O.A.No.5293/2015, dated 29.09.2016, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders, 6. Whereas, learned Government Pleader for Higher Education appearing for the respondents submits that the petitioner had taken annual grade increment w.e.f 01.08.2012, he is eligible for 2nd increment w.e.f 23.05.2014 and he is also eligible for Special Grade increment from 23.05.2018 as per Treasury Authorities. He further submits that after receipt of the orders from the Government, the issue of refund of recovered amount will be settled. Hence, requests to dismiss the Writ Petition. 7. Perused the record. 8. On perusal of the record, it appears from the counter affidavit that the letter No.A1/2013, dated 19.01.2018 was addressed to the director with a request to issue directions regarding issue of increments, procedure for recovery of excess amount drawn without eilgibility from August 2008 to 22.05.2014 and the Director vide Lr.No.A1/1091/2017, dated 31.01.2018 addressed the Government to clarify the doubts regarding issue of 2nd increment and procedure of recovery of excess amount drawn without eligibility from August 2008 to 22.05.2018. The orders are awaited from the Government. 9. As the orders for recovery of excess amount are awaited from the Government as stated by the respondents in the counter affidavit, in the opinion of this Court, it is appropriate to issue a direction to the respondent authorities to refund the recovery amount to the petitioner. 9. Accordingly, this Writ Petition is disposed of directing the respondents to refund the recovery amount to the petitioner within a period of three (03) months from the date of receipt of a copy of this order, failing which the respondents are entitled to pay 9 % interest on the recovery amount to the petitioner. There shall be no order as to costs As a sequel, miscellaneous applications pending, if any, shall also stand closed.