IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 897 OF 2025 Between; 1. K. Venugopal Reddy S/o. Late. K. Rami Reddy Aged 64 years, Occ.: Work Inspector (Retd.), O/o. Executive Engineer, A.P. HoUsirig Board, Commercial Complex, D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh 2. P.V Jaya Rami Reddy S/o. Late. P. Venkata Reddy Aged 67 years, Occ.: Work Inspector (Retd.), O/o. Executive. Engineer, A.P. Housing Board, Commercial Complex, D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh % 3. R. Venkata Ramana S/o. Late. R. Akkulappa Aged 59 years, Occ.; Work Inspectoi, O/o. Executive Engineer, A.P. Housing Board Commercial Complex, D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh 4. M. Daveedu, S/o. M. Yesayya Aged 61 years, Occ.: Watchman (Retd.), O/o. Executive Engineer, A.P. Housing Board, Commercial Complex, D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh 5. Md. Ibraheem Khaleel S/o. Late. Dudu Sab Aged 59 years, Occ.: Watchman, O/o. Executive Engineer, A.P. Housing Board Commercial Complex, D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh PM r : 4 : 6- G. Mahaboob Shariff S/o. Late. G.P Mahaboobsaheb Aged 60 years, Occ.: Work Inspector O/o. Executive Engineer, A.P. Housing Board, Kalloor Palli, P.S Nagar, Dargamitta, Nellore, SPSR Neliore District, Andhra Pradesh 7. M. Sharath Kumari, W/o Late. M. Nageswara Rao Aged 62 years. Pensioner O/o. Executive Engineer, A.R Housing Board, Bhavanipuram, Vijayawada -12 N.T.R. District, Andhra Prade<^h 8. P. Appanna S/o. Late. P. Surya Rao Aged 56 years, Occ; Pump Operator, O/o. Executive Engineer, A.P. Housing Board, Bhavanipuram, Vijayawada -12 N.T.R. District, Andhra Pradesh 9. V. Madhava Rao, S/o. Late. V. Ragheivaiah, Aged 66 years, Occ; Pump Operator (Retd.) O/o. Executive Engineer, A.P. Housing Board Bhavanipuram, Vijayawada -12 N.T.R. District, Andhra Pradesh 10. K. Nageswara Rao S/o.Late. K. Seshaiah, Aged 57 years, Occ; Watchman, O/o. Executive Engineer A.F. Housing Board, Bhavanipuram, Vijayawada-12 N.T.R. District, Andhra Pradesh 11. B. Sreenivasulu S/o.Late. B. Venkatsswarlu Aged 61 years, Occ; Watchman (Retd.), O/o. Executive Engineer, A.P. Housing Board Bhavanipuram, Vijayawada -12 N.T.R. District, Andhra Pradesh 12. P. V. Pratapachari, S/o. Late P. Lakshmaiah Aged 64 years, Occ; Electrician (Retd.), O/o. Executive Engineer, A.P. Housing Board Bhavanipuram, Vijayawada -12 N.T.R. District, Andhra Pradesh Petitioners And i f f AND The State of Andhra Pradesh, Rep.by Spl. Chief Secretary M..A. and U.D. Department, A.P. Secretariat, Velagapudi, Amaravati Guntur District, Andhra Pradesh The Vice Chairman and Housing Commissioner, O/o. A.P Housing Board, Prasadampadu, Door No.5-21, Near Lakshmi Ford Showroom, Eluru Road, Vijayawada, N.T.R. District, Andhra Pradesh, PIN 521108 The Executive Engineer (Housing), O/o. A.P Housing Board, Commercial Complex D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh, PIN 518002 The Executive Engineer (Housing), O/o. A.P Housing Board, Kalloor Palli, P.S Nagar, Dargamitta, Nellore SPSR Nellore District, Andhra Pradesh, PIN 524003 The Executive Engineer (Housing), O/o. A.P Housing Board, Bhavanipuram, Vijayawada N.T.R. District, Andhra Pradesh, PIN 520012 ...RESPONDENTS 1. 2. 3. 4. 5. 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 a writ of Mandamus declaring the action of the 2nd Respondent in not considering and disposing of the representation dated 16-10-2024made by the petitioners to release the notional increments for the break period of retrenchment, to revise the pay and pensionary benefits is illegal, arbitrary and unjust and violative of principles of natural justice and consequently direct the respondents to release the notional increments with all consequential benefits including pension. p lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to provisionally release the notional increments and revise pay scales, pending disposal of the above writ petition. Counsel for the Petitioner(s): M/s KAVITHA GOTTIPATI Counsel for the Respondent No.1: GP FOR SERVICES - IV Counsel for the Respondents No.2 to 5: SRI Y V SRINIVASU The Court made the following: ORDER r APHC010010372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] ^ WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 897/2025 Between: 1. K VENUGOPAL REDDY, S/0. LATE. K. RAMI REDDY AGED 64 YEARS, OCC. WORK INSPECTOR (RETD.), 0/0. EXECUTIVE ENGINEER, A.P HOUSING BOARD, COMMERCIAL COMPLEX, ABBAS NAGAR, KURNOOL, KURNOOL D.NO.80/13/92-2, DISTRICT, ANDHRA PRADESH 2. P.V JAYA RAMI REDDY, S/0. LATE. P. VENKATA REDDY AGED 67 YEARS, OCC.WORK INSPECTOR (RETD.), 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD, COMMERCIAL COMPLEX, D.NO.80/13/92-2, ABBAS NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH 3. R. VENKATA RAMANA, S/0. LATE. R. AKKULAPPA AGED 59 YEARS, OCC. WORK INSPECTOR, 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD, COMMERCIAL COMPLEX, D.NO.80/13/92- 2, ABBAS NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH 4. M. DAVEEDU,, S/0. M. YESAYYA AGED 61 YEARS, OCC. WATCHMAN (RETD.), 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD COMMERCIAL COMPLEX, D.NO.80/13/9.2-2, ABBAS NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH 2 5. MD. IBRAHEEM KHALEEL, S/0. LATE. DUDU SAB AGED 59 YEARS, OCC. WATCHMAN, 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD COMMERCIAL COMPLEX, D.NO.80/13/92-2, ABBAS NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH 6. G. MAHABOOB SHARIFF, S/0. LATE. G.P MAHABOOBSAHEB AGED 60 YEARS, OCC. WORK INSPECTOR. 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD, KALLOOR PALLI, PS NAGAR, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH 7. M. SHARATH KUMARI,, W/0. LATE. M. NAGESWARA RAO AGED 62 YEARS, PENSIONER 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD, BHAVANIPURAM, VIJAYAWADA -12 N.T.R. DISTRICT, ANDHRA PRADESH 8. P. APPANNA, S/0. LATE. P. SURYA RAO AGED 56 YEARS, OCC PUMP OPERATOR, 0/0. EXECUTIVE ENGINEER, A.P. HOUSING BOARD BHAVANIPURAM, VIJAYAWADA -12 N.T.R. DISTRICT, ANDHRA PRADESH AGED 66 0/0. EXECUTIVE BHAVANIPURAM, 9. V. MADHAVA RAO,, S/0. LATE. V. RAGHAVAIAH YEARS, OCC PUMP OPERATOR (RETD.) ENGINEER, A.P. HOUSING BOARD, VIJAYAWADA -12 N.T.R. DISTRICT, ANDHRA PRADESH 10.K. NAGESWARA RAO, S/0.LATE. K. SESHAIAH, AGED 57 YEARS, OCC WATCHMAN, 0/0. EXECUTIVE ENGINEER A.P. HOUSING BOARD, BHAVANIPURAM, VIJAYAWADA -12 N.T.R. DISTRICT, ANDHRA PRADESH 11.B. SREENIVASULU, S/O.LATE. B. VENKATESWARLU AGED 61 YEARS, OCC WATCHMAN (RETD.), 0/0. EXECUTIVE ENGINEER, A.P. HOUSINGBOARD BHAVANIPURAM,VIJAYAWADA-12N.T.R. DISTRICT, ANDHRA PRADESH 12.P. V. PRATAPACHARI,, S/0. LATE P. LAKSHMAIAH AGED 64 0/0. EXECUTIVE YEARS, OCC ELECTRICIAN (RETD.) 3 BHAVANIPURAM ENGINEER, A.P. HOUSING BOARD VIJAYAWADA -12 N.T.R. DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY SPL CHIEF SECRETARY M.A AND U.D. DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI PRADESH GUNTUR DISTRICT, ANDHRA 2.THE VICE CHAIRMAN AND HOUSING COMMISSIONER, 0/0. A.P HOUSING BOARD, PRASADAMPADU, DOOR NO.5-21, NEAR LAKSHMI FORD SHOWROOM, ELURU ROAD, VIJAYAWADA, N.T.R. DISTRICT, ANDHRA PRADESH, PIN 521108 3.THE EXECUTIVE ENGINEER HOUSING, 0/0. A.P HOUSING BOARD, COMMERCIAL COMPLEX D.NO.80/13/92-2, ABBAS NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH, PIN 518002 4.THE EXECUTIVE ENGINEERHOUSING, 0/0. A.P HOUSING BOARD, KALLOOR PALLI, P.S NAGAR, DARGAMITTA, NELLORE SPSR NELLORE DISTRICT, ANDHRA PRADESH, PIN 524003 5.THE EXECUTIVE ENGINEER HOUSING, 0/0. A.P HOUSING BOARD, N.T.R. DISTRICT, ANDHRA BHAVANIPURAM, VIJAYAWADA PRADESH, PIN 520012 ...RESPONDENT(S); 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 a writ of Mandamus declaring the action of the 2nd Respondent in not considering and disposing of the representation dated 16-10-2024 made by the petitioners to release the notional increments for the break period of retrenchment, to revise the pay and pensionary benefits is illegal, arbitrary and unjust and violative of principles of natural justice and consequently direct 4 the respondents to release the notional increments with all consequential benefits including pension and pass 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 provisionally release the notional increments and revise pay scales, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER; Heard Sri Yashwant, learned counsel representing Smt.Kavitha Gottipati, learned counsel for the petitioners and Sri S.Raju, learned Assistant Government Pleader for Services appeared on behalf of the 1®* respondent. Despite the service of the notice, none appeared on behalf of respondents 2 to 5. 2. The above writ petition is filed to declare the action of the 2"’"' respondent in not considering and disposing of the representation of the petitioner dated 16.10.2024 to release the notional increments for the break period of retrenchment and to revise the pay and pensionary benefits, as illegal and arbitrary. 3. (a) The learned counsel for the petitioners would submit that the petitioners were appointed as Work Inspectors, Watchman, Electrician and Pump Operator in the respondent Corporation. After completion of 10 years, their services were provincialized and the time scale was extended. On 5 9 08.04.2005 a notice was issued to the petitioners and others dispensing with their services with effect from 11.04.2005. Challenging the said notice, the petitioners filed W.P.No.8391 of 2005 and batch. Pending the writ petition, the ’ employees were offered notice of pay and retrenchment compensation by the respondent Corporation. However, the petitioners refused the same. The writ petition was disposed of on 08.04.2005 by setting aside the notice. Most of the petitioners retired from service or died during pending litigation. Intra-court appeals filed by the petitioners vide W.A.No.270 of 2011 and batch were dismissed on 22.03.2012. SLP CC No. 14816 and batch were filed and the same were also dismissed on 21.09.2012. [/ 4 e (b) In pursuance of the judgment of the Apex Court, petitioners were reinstated into service on 16.11.2012. Vide proceedings dated 10.04.2013 the petitioners were extended the benefits notionally. The petitioners made a representation dated 16.10.2024 to release the notional increments etc. However, the same was not considered. Hence, the above writ petition is filed. 4. At the hearing, learned counsel for the petitioners has confined his arguments and urges to direct the respondents to consider the representation of the petitioner dated 16.10.2024 (Ex.P.1) as per rules. 5. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.VenkateshV 6. Since the writ petition is filed to consider the representation of the petitioners, keeping the writ petition pending will not serve any purpose. (2019) 8 SCALE 544 6 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned either side directing the 2"^^ respondent to consider petitioners dated 16.10.2024 (Ex.P.1) and pass appropriate orders, strictly as per rules. No order as to costs. counsel on representation As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, State of Andhra Pradesh, M..A. and U.D. Department, A.P. Secretariat, Velagapudi, Amaravati Guntur District Andhra Pradesh 2. The Vice Chairman and Housing Commissioner, O/o. A.P Housing Board Prasadampadu, Door No.5-21, Near Lakshmi Ford Showroom, Eluru Road, Vijayawada, N.T.R. District, Andhra Pradesh PIN 521108 3. The Executive Engineer (Housing). O/o. A.P Housing Board, Commercial Complex D.No.80/13/92-2, Abbas Nagar, Kurnool, Kurnool District, Andhra Pradesh, PIN 518002 4. The Executive Engineer (Housing). O/o. A.P Housing Board. Kalloor Palli PiM Nello^ SPSR Nellore District. Andhra Pradesh, ’ 5. The Executive Engineer (Housing), O/o. A.P Housing Board, Bhavanipuram, Vijayawada N.T.R. District, Andhra Pradesh PIN 520012 6. One CC to SRI KAVITHA GOTTIPATI, Advocate [OPUC] ^ SERVICE - IV, High Court of Andhra Pradesh 8. One CC to SRI Y.V.SRINIVASU. Advocate [OPUCl 9. Three C.D. Copies nm -• V HIGH COURT DATED:22/01/2025 ORDER WP.No.897 of 2025 is 2 0 FEB 2125 Current Section . ^ DISPOSING OF THE WP WITHOUT COSTS