APHC010253522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12877/2024 Between: K Sai Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following prayer: “to declare the impugned Order Rc.No.OP-1349010/2021, dated 10.10.2023 issued by the 2nd respondent by denying the Annual Grade Increments right from 2021 to till the date, on mere pendency of FIR No.02/RCA-ACB- VJA/2021, dated 10.2.2021 and in the absence of any specific punishment as illegal, arbitrary and discrimination 2 CGR, J W.P. No.12877 of 2024 1 W.P. No.6617 of 2004, dated 04.11.2004 2 W.P. No.15165 of 2014, dated 07.07.2014 and set aside the same, consequently direct the respondents herein to release the annual grade increments which fall on due from 2021 to till date, to the petitioner in terms FR-24 and on the same analogy of similar orders of this Hon’ble Court passed in W.P. No.5217 of 2019, dated 18.4.2019 and W.P. No.22543 of 2022, dated 6.7.2023 and W.P. No.6617 of 2021 and to pass such other orders.” 2. Heard Sri Bugulu Sreeteja, learned counsel, appearing for the petitioner and learned Assistant Government Pleader for Services – III, appearing for the respondents. 3. By impugned proceedings dated 10.10.2023, the petitioner’s request for release of annual grade increments as claimed in terms of FR 24 came to be rejected on the ground of pendency of criminal proceedings vide Cr.No.02/RCA-VJA- ACB/2021, for offences under Sections 13(1)(b) r/w 13(2) of Prevention of Corruption Act. Learned counsel for petitioner, placing reliance on FR-24 and also the judgments of Division Bench of this Court in M.Gopala Rao v. State of A.P.1 and another judgment of this Court in B.Seshaiah v. Government of A.P.2 , 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 3 CGR, J W.P. No.12877 of 2024 departmental proceedings, the respondents are not entitled to withhold the same. 4. Learned Assistant Government Pleader does not refute the aspect of issue being dealt with two Division Benches of this Court. 5. Therefore, considering the aforesaid submissions and having regard to the stipulation made under FR-24 which came to be interpreted by aforesaid Division Bench Judgments as mentioned above, the claim of petitioner succeeds and accordingly, the writ petition stands allowed by setting aside the impugned order vide Rc.No.OP-1349010/2021, dated 10.10.2023, passed by the 2nd respondent, with a further direction to release the annual increments from 2021 to till date within a period of four weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _______________________ CHALLA GUNARANJAN, J 10.04.2025 SS