Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 32367 (AP)

THE GOVERNMENT OF AP v. P RAVI PRASADA RAO

WP/29015/2021 · 2025-08-04

Ninala Jayasurya, Tuhin Kumar Gedela

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010477582021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI WRIT PETITION N Between: 1. The Government of A Education Department, Secretariat, Velagapudi, Amaravathi. 2. The Director of School Education, Andhra Pradesh 3. The District Educational Officer, Srikakulam Srikakulam District. 4. The Mandal Educational Officer, Saravakota Mandal, Srikakulam District. 5. The Deputy Director,, District Treasury Office, Srikakulam District AND P Ravi Prasada Rao, S/o Ponduru Dalayya, Aged about 39 years , Working as S.G. Teacher, M.P.P. School, Sivarampuram Village, Venkatapuram Post, Saravakota Mandal, Srikakulam District. R/o Flat No.404, Balaji Residency, New Colony, Srikakulam Counsel for the Petitioners Counsel for the Respondent IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.29015 OF 2021 Andhra Pradesh, rep. by its Principal Secretary, Education Department, Secretariat, Velagapudi, Amaravathi. chool Education, Andhra Pradesh. 3. The District Educational Officer, Srikakulam Srikakulam District. The Mandal Educational Officer, Saravakota Mandal, Srikakulam 5. The Deputy Director,, District Treasury Office, Srikakulam District ...Petitioners , S/o Ponduru Dalayya, Aged about 39 years , Working as S.G. Teacher, M.P.P. School, Sivarampuram Village, Venkatapuram Post, Saravakota Mandal, Srikakulam District. R/o Flat No.404, Balaji Residency, New Colony, Srikakulam - 532 001. ...Respondent l for the Petitioners : The G.P. for Services III Counsel for the Respondent : Mr.Thota Ramakoteswara Rao IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE NINALA JAYASURYA JUSTICE TUHIN KUMAR GEDELA rep. by its Principal Secretary, 3. The District Educational Officer, Srikakulam Srikakulam District. The Mandal Educational Officer, Saravakota Mandal, Srikakulam 5. The Deputy Director,, District Treasury Office, Srikakulam District ...Petitioners , S/o Ponduru Dalayya, Aged about 39 years , Working as S.G. Teacher, M.P.P. School, Sivarampuram Village, Venkatapuram Post, Saravakota Mandal, Srikakulam District. R/o Flat ...Respondent Mr.Thota Ramakoteswara Rao 2 WP_29015_2021 The Court made the following ORDER: (per Hon’ble NJS,J) Heard learned Assistant Government Pleader for Services–II and also learned counsel for the respondent. 2. Aggrieved by the orders dated 24.3.2015 in O.A. No.7167 of 2014 passed by the erstwhile Andhra Pradesh Administrative Tribunal at Hyderabad, the State filed the present writ petition. 3. The respondent–applicant filed the said O.A., challenging the Proceedings dated 18.10.2014 and the consequential Proceedings dated 23.10.2014, wherein the pay fixation of the applicant was revised and an amount of Rs.2,59,643/- was sought to be recovered from his salary in instalments. The learned Tribunal while observing that in view of Rule 6(15) of G.O.Ms.No.95, Finance (FR.II) Department, dated 03.4.2012 and Sub Rule (15) under Rule 19 of the Fundamental Rules, the applicant is entitled to fixation of pay not limiting his advance increments, allowed the O.A., by following the orders dated 14.3.2014 in O.A. No.6823 of 2013. 4. At the time of considering the matter, learned counsel for the respondent placed copies of the order dated 31.8.2023 in Writ Petition No.9586 of 2015 passed by a Division Bench of the High Court of Telangana, and the order dated 23.4.2025 in Writ Petition No.38240 of 2015 passed by a Coordinate Bench of this Court, for perusal. From a reading of the order in W.P.No.9856 of 2015, it is discernible that the State filed the said writ petition against the order passed by the A.P.A.T., in O.A. No.6823 of 2013 and the same was upheld by the High Court. The learned Assistant Government Pleader has not placed any material to show that the order in O.A. No.6823 of 2013, which was upheld by the Division Bench, was reversed by the Apex Court. Further, a Coordinate Bench of this Court in similar circumstances dismissed the writ petition filed by the State vide orders dated 23.4.2025 in W.P. No.38240 of 2015. 3 WP_29015_2021 5. In the light of the undisputed position, more particularly as the orders in O.A. No.6823 of 2013, by following which the present order under challenge came to be passed, was upheld, the present writ petition is liable to be dismissed. 6. Accordingly, the writ petition is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________ NINALA JAYASURYA,J ______________________________ TUHIN KUMAR GEDELA,J August 05, 2025 vasu