APHC010114192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6052/2025 Between: K.Murali Krishna ...PETITIONER AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N. A. RAMACHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “to issue a Writ, Order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in passing the impugned endorsement, dated 04.02.2025, wherein not sanctioning the annual periodical increments due to the petitioner for the years 2017 and 2018, which are deferred due to placing him under suspension from 05.06.2016 to 22.07.2018, as illegal, arbitrary, capricious, unjust and contrary to Fundamental Rules as well as orders of this Hon’ble Court and also Articles 14, 16 and 21 of Constitution of India, and consequently, set aside the same by directing the respondents to release the annual periodical increments of the Petitioner for the years 2017 and 2018 in terms of judgments of Division Bench in W. 2 CGR, J. W.P.No.6052 of 2025 P. No.15504 of 2009; W. P. No.4553 of 2021 and W.P. No.9228 of 2021 forthwith and to pass…” 2. Petitioner was initially appointed as Assistant Commercial Tax Officer (direct recruit) in Zone-III having selected through Andhra Pradesh Public Service Commission. His services were regularized and was promoted as Deputy Commercial Tax Officer and later as Deputy Assistant Commissioner (ST). While he was working as D.C.T.O-III, Kavali, he was trapped and Crime No.07/RCT-ACB.NLR/ 2016, dated 04.06.2016, came to be registered. Petitioner was placed under suspension and later was reinstated into service on 22.06.2018. Claiming annual increments due during the period of suspension, he made representation, dated 09.03.2023, which came to be rejected by the 2nd respondent, by impugned proceedings, dated 04.02.2025, stating that the request cannot be considered in view of F.R.24(5)(a). 3. Heard Sri N.A. Ramachandra Murthy, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 4. Learned counsel for the petitioner submits that the ground of rejection by placing reliance on F.R.24(5)(a) is not sustainable and by placing reliance on order passed by this Court in Billa Sanjeevaiah 3 CGR, J. W.P.No.6052 of 2025 v. State of A.P.1, contends that the respondents have no right to hold annual increments and prays to allow the writ petition. 5. On the other hand, learned Assistant Government Pleader for Services-I contended that petitioner is not entitled for annual increments during the period of suspension and tried to justify the impugned endorsement. 6. A perusal of the impugned endorsement issued by the 2nd respondent shows that it is not as per law and the reasons mentioned therein are not justifiable. 7. Upon perusal of the orders passed in W.P.No.4553 of 2021; W.P.No.9228 of 2021 and in Billa Sanjeevaiah1, relied on by the learned counsel for the petitioner, this Court deems it fit and appropriate to dispose of the writ petition on the following terms: (a) The impugned Endorsement, dated 04.02.2025, issued by the 2nd respondent, is set aside; (b) the 2nd respondent is directed to consider and decide the issue afresh with regard to release of annual increments for the years 2017 and 2018, preferably within a period of 8 (eight) weeks from the date of receipt of a copy of this order, bearing in mind 1 Order, dated 28.04.2022, in W.P.No.28050 of 2021 4 CGR, J. W.P.No.6052 of 2025 the orders passed in W.P.Nos.9228 and 4553 of 2021 and Rules in vogue; (c) There shall be no order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:25.03.2025. cs