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2025 DAILYLAW 41308 (AP)

B SRINIVASU v. THE STATE OF ANDHRA PRADESH

WP/35762/2025 · 2025-12-22

Nyapathy Vijay

body2025

Judgment text

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APHC010693122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35762/2025 Between: 1. B SRINIVASU, S/O. B.SURYA RAO, AGED ABOUT 46 YEARS, PC (CIVIL), NO1074, DEVARAPALLI POLICE STATION EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238 3. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANAGALAGIRI, GUNTUR DISTRICT. 522503 4. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA 533001 ...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, the inaction of the 1st to 4th respondents not granting pay protection and pay fixation as per the 7th Revised pay commission in accordance with the G.O MS NO. 95 dated 03.04.2012, or to 2 sanction with advance increments as per the revised 11 PRC, as being illegal, arbitrary and violation of Article 14, 16, 21 and 300-A of the Constitution of India and based on total non-application of mind and further contrary to the provisions contained in G.O.Ms. No.95 dt.3.4.2012 and consequently direct the 1stto 4th Respondents to reconsider the representation of the Petitioner, and grant Pay Protection as per the Last Pay drawn on Revised 7th Pay Commission or with advance increments of served years in accordance with the G.O.Ms.No.95, dt.03.04.2012, and pass IA 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 pleased to direct the Respondents 1 to 4 to provide the Pay Protection and pay fixation to the Petitioner as per the Last Pay Drawn in accordance with the Revised 7th Pay Commission in accordance with the G.O.Ms.No.95, dt.03.04.2012, or sanction advance increments of served years as per the revised 11th PRC pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. VELURY RAGHURAM Counsel for the Respondent(S): 1. VELURY RAGHURAM Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35762/2025 ORDER: The present Writ Petition is filed seeking for a direction to the Respondent Nos. 1 to 4 to provide Pay protection and Pay Fixation to the Petitioner as per the Last Pay Drawn of 7thRevised Pay Commission in accordance with G.O.Ms.No.95, dated 03.04.2012. 2. The Petitioner had rendered service in Indian Army from 22.02.1997 to 01.12.2013 i.e., for a period of 16 years and 9 months. The Last Pay Drawn of the Petitioner was said to be Rs.34,900/-. After the retirement from the armed forces, the Petitioner was appointed as Police Constable (Civil)at Polavaram P.S, West Godavari District, presently, he is working in Devarapalli P.S, East Godavari District. 3. The grievance of the Petitioner is that the Respondent-Government had issued G.O.Ms.No.95, Finance (FR.III) Department, dated 03.04.2012, extending the benefit of G.O.Ms.No.67, Fin. &Plg. (FW.FR.II) Department, dated 20.03.1986, to all re-employed EX-Servicemen, irrespective of their rank in Military Service. But, however, the said benefit was not extended to the Petitioner in spite of his representation dated 24.04.2019. 4. Learned Assistant Government Pleader submits that the representation of the Petitioner dated 24.04.2019 would be considered in accordance with G.O.Ms.No.95, dated 03.04.2012 and the rules in vogue. 4 5. Considering the submissions made, the Writ Petition is disposed of with following directions: i) The Respondents are directed to examine the claim of the Petitioner for Pay protection and Pay Fixation in terms of G.O.Ms.No.95, dated 03.04.2012 within a period of eight weeks from today. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. _________________ NYAPATHY VIJAY, J Dated: 23.12.2025 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 100 WRIT PETITION No.35762 of 2025 Dated: 23.12.2025 chs