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2025 DAILYLAW 42019 (AP)

Ch. V. Nageshwara Rao S/0 Jangaiah, v. The State of Andhra Pradesh. Represented by its Principal

WP/27358/2017 · 2025-10-30

Maheswara Rao Kuncheam

body2025

Judgment text

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1 APHC010438722017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27358/2017 Between: Ch. V. Nageshwara Rao S/0 Jangaiah, ...PETITIONER AND The State Of Andhra Pradesh Represented By Its Principal and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. L V S NAGARAJU Counsel for the Respondent(S): 1. GP FOR COOPERATION (AP) The Court Made the Following Order:- This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondents in not paying the Dearness Allowance from 01-11-2010 and Annual Grade Increments from 01-04-2013 to the petitioner in terms of the proceedings issued by the 3rd respondents in Rc. No. 538/2017 dated 21-04-2017 as illegal, 2 arbitrary, violative of Article 14 of the Constitution of India and Contrary to the provisional of A.P. Co-operative Societies Act and rules made there under and Consequently direct the 4th respondent pay the Dearness Allowance from 01-11-2010 and Annual Grade Increments from 01-04-2013 to the petitioner in terms of the proceedings issued by the 3rd respondents in Rc. No. 538/2017 dated 21-04-2017...” 2. The grievance of the petitioner is that the respondent authorities have not paid the Dearness Allowance and Annual Grade Increments to him in accordance with the proceedings issued by respondent No.3. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Cooperation. 4. Learned Assistant Government Pleader for Cooperation, on written instructions, submits that the petitioner had reached the maximum pay scale of Rs. 4,570 by drawing the final increment on 01.04.2011. Thereafter, at the time of filing of the writ petition, respondent No. 4 had not paid only the stagnation increments. However, as per the pay bill register, respondent No. 4 has paid three stagnation increments in the years 2013, 2017, and 2019, and no increments are pending against the petitioner as of now. Learned Assistant Government Pleader further submits that the Dearness Allowance was also paid to the petitioner in the year 2017 as per the 3 applicable D.A. rates, and there are no dues towards D.A. payable to the petitioner. It is therefore submitted that all retirement benefits were duly paid to the petitioner at the time of his superannuation in the year 2019. 5. On the other hand, the learned counsel for the petitioner has not disputed the assertions made by the learned Assistant Government Pleader for Cooperation. 6. Considering the submissions made and taking into consideration of the facts and circumstances of the case, the Writ Petition is disposed of. No costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _____________________________ MAHESWARA RAO KUNCHEAM,J 31.10.2025. Asr 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO.27358 of 2017 31.10.2025 Asr