APHC010268872018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12713/2018 Between: 1. D.V.S.R. CHANDRA MURTHY,, S/O. D.V.NARAYANA RAO, AGED ABOUT 56 YEARS, WORKING AS JUNIOR ASSISTANT, 0/O. THE PRL. DISTRICT JUDGES COURT, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, FINANCE (F.R.II) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, LAW (LA, LA AND J) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE REGISTRAR ADMN, HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH, HYDERABAD. 4. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH 5. THE DISTRICT TREASURY OFFICER, GUNTUR. ...RESPONDENT(S): 2 RRR, J & TCDS, J W.P.No.12713 of 2018 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 toto issue a Writ, order or direction, more particularly a Writ of Mandamus, declaring the impugned orders of the 31-d respondent in Roc.No.2175/2017-C-6, dated 14-11-2017 wherein rejected the request of the petitioner for fixation of his pay by adding (8) advance increments equal to the service rendered in Army on the ground that the G.O.Ms.No.95, Finance and Planning Department, dated 03-04-2012 shall have the prospective effect only and set aside the same as illegal, improper, unjust, arbitrary and contrary to law and further direct the respondents to re-fix the pay of the petitioner by granting additional increments in terms of G.O.Ms.No.95, Finance and Planning Department, dated 03-04-2012 read with FR 19(15) with all consequential benefits and pass IA NO: 1 OF 2018 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 suspend the operation of the impugned orders in Roc. No. 2175/2017 C-6 dated 14-11-2017 issued by the 3rd respondent by directing the respondents to re-fix the pay of the petitioner by granting additional increments in terms of G.O.Ms.No. 95 finance and planning Department, dated 03-04-2012 read with FR 19(15) pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAMA MOHAN RAO KOTHA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING (AP) 2. GP FOR SERVICES I (AP) 3. A JAYANTHI 3 RRR, J & TCDS, J W.P.No.12713 of 2018 The Court made the following order: Heard Sri Kotha Ram Mohan Rao, learned counsel for the petitioner and Smt. A. Jayanthi, learned Standing Counsel appearing for the respondents. 2. The petitioner herein is an ex-service man, who had joined as Record Assistant in the A.P. Judicial Department, on 12.01.1998 and has subsequently, been promoted as Junior Assistant in the month of July, 2011. 3. The Government had been issuing certain Government Orders (G.Os.) to benefit the ex-service men and more specifically the Emergency Commissioned and Short Commissioned Officers by granting advance increments equal to the completed years of service rendered by them in the Armed Forces on a basic pay equal to or higher than the minimum of the scale attached to the Civil Post. There was a further stipulation that the pay so arrived at should not however exceed the basic pay last drawn by them in the Armed Forces. 4. Subsequently, the Government again issued G.O.Ms.No.95, Finance (FR.II) Department, dated 03.04.2012, extending these benefits to all re-employed persons, irrespective of their rank in military service. Thereafter, the petitioner had approached the Principal District Judge, Guntur, for extenstion of the said benefits to him. This representation of the petitioner was returned by the Principal District Judge, by proceedings, dated 08.09.2014, on the ground that, the representation should be submitted to appropriate 4 RRR, J & TCDS, J W.P.No.12713 of 2018 Authority. Thereafter, the petitioner approached the Registrar (Admn.) of the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh, for extension of the benefits under G.O.Ms.No.95. This representation was rejected by the Registrar (Admn.) of the erstwhile High Court of Judicature at Hyderabad, by proceedings, dated 14.11.2017, on the ground that the petitioner had been appointed to a Civil Post as Junior Assistant before the issue of G.O.Ms.No.95 which would be applicable only prospectively. 5. Aggrieved by this order of rejection, the petitioner has approached this Court, by way of the present Writ Petition. 6. Learned counsel for the petitioner has now placed before this Court, Circular Memo No.1232771, FIN01-HR/129/2020-HR-IV, dated 20.06.2025. In this circular, the Principal Finance Secretary, Government of Andhra Pradesh, has directed for retrospective application of G.O.Ms.No.95, in the following terms: “4. After careful examination of the issue, the Government has decided to implement the orders issued in G.O.Ms.No-95, Finance (FR-II) Department to the re employed ex-servicemen who jointed in the Govt services and in TTD, prior to the issue of GO referred 1st above, on par with the employees who joined after issue of G.O., subject to the following clarifications and conditions. 5 RRR, J & TCDS, J W.P.No.12713 of 2018 i. Allow notional pay-fixation to all the re-employed Ex-military servicemen who were appointed in civil posts prior to the date of issue of the G.O.Ms.No.95, Finance (FR-II) Department, dt.03.04.2012. ii. Limiting monetary benefit from the date of issue of these orders i.e., prospectively only. iii. In case of the employees who have already retired from service, the pay shall be fixed notionally as per provisions of the reference 1st above and the pension shall be revised accordingly.” 7. In the circumstances, this Writ Petition is disposed of, with a direction to the 3rd respondent to re-consider the representation of the petitioner and to grant the necessary benefits, by treating G.O.Ms.No.95, to have retrospective effect in terms of the circular mentioned above. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________ T.C.D.SEKHAR, J Date: 08.09.2025 MJA 6 RRR, J & TCDS, J W.P.No.12713 of 2018 81 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No:12713 of 2018 (per Hon’ble Sri Justice R. Raghunandan Rao) 08.09.2025 MJA