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2025 DAILYLAW 43365 (AP)

S. SURESH, KRISHNA DIST v. MD, APSPDCL., CHITTOOR DIST & 2 OTHERS

WP/45203/2016 · 2025-10-16

Maheswara Rao Kuncheam

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Judgment text

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APHC010268872016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 45203/2016 Between: 1. S. SURESH, KRISHNA DIST, S/O LATE SRI DHARMAJNANI, AGED ABOUT 38 YEARS, OCC: ADDITIONAL ASSISTANT ENGINEER, APSPDCL, CHANDARLAPADU VILLAGE & MANDAL, KRISHA DISTRICT. ...PETITIONER AND 1. MD APSPDCL CHITTOOR DIST 2 OTHERS, TIRUCHUNAUR ROAD, TIRUPATHI, CHITTOOR DISTRICT, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. CHIEF GENERAL MANAGER HRD, APSPDCL, TIRUCHUNAUR ROAD, TIRUPATHI, CHITTOOR DISTRICT. 3. SUPERINTENDING ENGINEER, OPERATION, E;ECTRICAL, APSPDCL, PWD GROUNDS, BUNDAR ROAD, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 toto issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the respondents in not extending annual grade increments to the continuous service of the petitioner, while extending such benefits to similarly situated candidates as highly illegal, arbitrary and violative of Article 14 of Constitution of India apart from contrary to the service regulations and pass IA NO: 1 OF 2016(WPMP 55729 OF 2016 2 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 consider the case of the petitioner for release of annual increments due to the petitioner without reference to pendency of criminal case, for his continuous service after reinstatement till date on par with other candidates who were sanctioned with such benefit vide Memo No. CGM/HRD/JS/DGM(DC)/PO(DC)/JPO/D.N0.312/15, dated 19-02-2015 pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. P SHASHI KIRAN Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) The court made the following ORDER:- The instant writ petition is filed under Article 226 of Constitution of India, seeking the following main prayer:- “…….declaring the impugned action of the respondents in not extending annual grade increments to the continuous service of the petitioner, while extending such benefits to similarly situated candidates as highly illegal, arbitrary and violative of Article 14 of Constitution of India apart from contrary to the service regulations and pass……” 2. The principal grievance of the petitioner is with regard to not extending the annual increments to the petitioner on par with the similarly situated candidates. 3. When the matter is called out, there is no representation for the petitioner. 4. On the other hand, Sri Abdul Matheen, learned counsel representing Sri V.V.Satish, learned Standing Counsel for A.P.E.P.D.C.L, fairly submits that the 3 annual increments as sought by the petitioner in the writ petition have been released to him long back. He submits that the cause in the writ petition does not survive and the matter would become infructuous. 5. Considering the submissions made and in view of the fact that there is no representation from the petitioner's side, the writ petition is closed as no further orders are necessary. However, the petitioner is at liberty to seek recourse to law, if any fresh cause of action arises. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 17.10.2025 GVK 4 95 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.45203 of 2016 Date: 17.10.2025 GVK