IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10417 OF 2025 Between; Thalari Venu, S/o Suryanarayana, Aged 54 years, Working as Assistant Engineer, APEPDCL, Gollagudem Section, Eluru Circle, R/o. Road No. 2, P and T Colony, Near Chota Palace, Tadepalligudem, West Godavari District. ...PETITIONER AND 1. A.P Eastern Power Distribution Company limited, (APEPDCL), rep by its Chairman and Managing Director, Visakhapatnam, P&T Colony, Seetammadhara, Gajuwaka, State of A.P. 2. The State of Andhra Pradesh, rep by its Principal Secretary, Energy Department, A.P. Secretariat, Velagapudi, Guntur District. 3. The Chairman and Managing Director .APEPDCL, Seethammadhara, Gajuwaka, Visakhapatnam, State of A.P. 4. The Chief General Manager (HRD), APEPDCL, Seethammadhara, Gajuwaka, Visakhapatnam, State of A.P. 5. The Executive Engineer (Operation), APEPDCL, Eluru, Eluru District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the Respondents in not releasing Annual Grade Increments which fall on due from 2017 to till date, to the Petitioner on mere pedency of C.C.No.19 of 2020 in the Hon'ble Court of the III Addl. District and Sessions Judge cum Spl Judge for ACB • ^ J. Case% Vishakapatnam, without there being any order of punishment for same, as illegal arbitrary unreasonable, withholding/postponing the discriminatory and in violation of Fundamental Rule - 24 and Regulation 32 of A.P.S.E.B as adopted by the APEPDCL, consequently direct the respondents herein to release the annual grade increments which fall due from 2019 till date, in terms of similar orders of this Hon'ble Court passed in W.P.No.5217 of 2019, dated 18-04-2019. on lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release annual grade increments to the petitioner which fall due from 2017 to till date, in terms of FR-24 and Regulation No. 32 of APSEB Service Regulations adopted by APEPDCL pending disposal of the above writ petition Counsel for the Petitioner: SRI BUGULU SREETEJA Counsel for the Respondent Nos.1,3,4 & 5: SRI V.V.SATISH, SC FOR APEPDCL Counsel for the Respondent No.2: GP FOR SERVICES-I The Court made the following: ORDER THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.10417 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the action of the Respondents in not releasing Annual Grade Increments which fall on due from 2017 to till date, to the Petitioner on mere pendency of C.C. No. 19 of 2020 In the Hon’ble Court of the III AddI District and Sessions Judge - cum - Spl. Judge for ACB Cases, Vishakapatnam, without there being any order of punishment for withholding/postponing the same as illegal, artbitrary, unreasonable, discriminatory and in violation of Fundamental Rule 24 and Regulation 32 of A.P.S.E.B. as adopted by the APEPDCL, consequently direct the respondents herein to release the annual grade increments which fall on due from 2019 till date, in terms of similiar orders of this Hon’ble Court passed in W.P.No.5217 of 2019 dated 18.04.2019 and to pass such other orders.” Heard Ms.Bugulu Sreeteja, learned counsel for petitioner. 2. learned Assistant Government Pleader for Services - I, appearing for 2"'^ respondent and Sri V.V.Satish, learned standing counsel, appearing for respondents 1, 3, 4 and 5. 2 CGR, J W.P. No. 10417 of 2025 3. (a) Petitioner is working as Assistant Engineer in respondent Corporation. During the course of his employment, in pursuance to ACB trap, crime has been registered against him vide Crime No.03/RCT-ACBA/ZM/2017 for offences under Section 7 of P.C.Act, thereafter, charge sheet came to be filed and the same is now pending in C.C. No. 19 of 2020 on the file of learned III Additional District & Sessions Judge - cum - Special Judge for ACB Cases, Visakhapatnam. (b) Petitioner was placed under suspension vide proceedings dated 18.03.2017 and thereafter came to be reinstated into service by proceedings dated 09.10.2018. Petitioner is not being paid annual grade increments since the date of suspension. As the increments are not released in terms of F.R. 24 r/w Regulation 32 of APSEB service regulations, petitioner is constrained to file present writ petition. 4. Learned counsel for petitioner submits that in terms of F.R.24 r/w 32 of APSEB service regulations, increments cannot be withheld unless there is any specific order to do so, and mere pendency of crime would not disentitle petitioner to claim the increments. Learned counsel for petitioner, placing reliance on 3 CGR, J W.P. No. 10417 of 2025 F.R.24 and also the judgments of Division Bench of this Court in M.Gopala Rao v. State of A.P.’’ and another judgment of this Court in B.Seshaiah v. Government of A.P.^, contends that the increments cannot be withheld on mere registration of crime. Unless specific orders are passed withholding annual grade increments in pursuance of any departmental proceedings, the respondents are not entitled to withhold the same. Learned standing counsel, on the other hand, submits that 5. as petitioner has been placed under suspension from 18.03.2017 to 09.10.2018, annual grade increments cannot be computed for the said period until and unless said suspension period gets regularized, therefore, petitioner is not entitled for claiming annual grade increments at this stage. However, he does not refute the ratio laid down by the Division Bench of this Court in B.Seshaiah’s case (supra 2). In order to appreciate the aforesaid contention, F.R.24 and 6. Regulation 32 of A.P.S.E.B. Service Regulations are extracted here under: “F.R. 24. An increment shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be 1 W.P. No.66t7 of 2004, dated 04.11.2004 2 W.P. No.15165 of 2014, dated 07.07.2014 4 CGR, J W.P. No. 10417 of 2025 withheld from a Government servant by the State Government or by any authority to whom the State Government may delegate this power if his conduct has not been good, or his work has not been satisfactory. In ordering the withholding of an increment the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments. Regulation 32: An increment shall be drawn as a matter of course unless it is withheld. An increment may be withheld from an employee by the Board or by any authority to whom the Board may delegate this power under regulation 5, if his conduct has not been good or his work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments.” 7. In so far as F.R.24 is concerned, the same fell for consideration before Division Bench in B.Seshaiah’s case (supra 2). It has been categorically held that unless there is a specific order of withholding annual grade increments respondents cannot deny payment of annual grade increments. The said view has later been followed by various Benches of this Court in different judgments and even this Court in W.P. No. 12877 'of’2024, considering the aforesaid aspect, in the absence of any 5 CGR, J W.P. No. 10417 of 2025 specific orders withholding the same, directed to release the annual grade increments. The contention of learned standing f ' ^ counsel, therefore, is completely misplaced and is not contemplated under F.R.24 r/w Regulation 32 of A.RS.E.B. Service Regulations. In view of the same, this writ petition is allowed and the 8. respondents are directed to release annual grade increments to petitioner from 18.03.2017 to till date within a period of four weeks from the date of receipt of copy of this order. No costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed. Sd/- M SRINIVAS assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Chairman and Managing Director, A.P Eastern Power Distribution Company limited, (APEPDCL), Visakhapatnam, P&T Colony, Seetammadhara, Gajuwaka, State of A.P. 2. The Principal Secretary, Energy Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 3. The Chairman and Managing Director, APEPDCL, Seethammadhara, Gajuwaka, Visakhapatnam, State of A.P. 4. The Chief General Manager (HRD), APEPDCL, Seethammadhara, Gajuwaka, Visakhapatnam, State of A.P. 5. The Executive Engineer (Operation), APEPDCL, Eluru, Eluru District. 6. One CC to Sri Bugulu Sreeteja, Advocate [OPUC] 7. One CC to Sri V.V. Satish, SC for APEPDCL[OPUC] 8. Two CC’s to GP for Services-I, High Court of A.P. at Amaravati[OUT] 9. Three CD Copies. ssb HIGH COURT DATED:20/06/2025 ORDER WP.No.10417 of 2025 ALLOWING THE W.P. WITHOUT COSTS