i! IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 38240 OF 2015 Between: 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, A.P. Secretariat, Hyderabad. 2. The District Treasury Officer, Ananthpur. ...PETiTiONERS/ RESPONDENTS in O.A.6823/2013 AND 1. Karanama Sreedhar Rao S/o K. Sundara Murthy, aged 45 years, Occ; School Assistant (Social Studies), R/o Duddekunta, Belugoppa Mandal, AnathapurDistrict. RESPONDENT/ APPLICANT in O.A. 6823/2013 2. The A.P. Administrative Tribunal, rep. by its Registrar, Purani Haveli, Hyderabad. 3. Banda Srinivasa Reddy, S/o Amrutha Reddy (late), aged 46 years, Occ: School Asst., ZPHS, Ammnabole, Narkatpally Mandal, Nalgonda Dist., 4. M.Joji Rayanna, S/o M.Rayappa, aged 53 years,, Occ: School Asst., ZPHS, Cheruvupally, Thipaparthy Mandal, Nalgonda Dist., 5. The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 6. The District Treasury Officer, Nalgonda. 7. Chief Executive Officer, Zillaparishad, Nalgonda. 8. Chief Executive Officer (Respondents 3 to 8 them) Zillaparishad. Ananthap are formal parties, ur. no relief is sought against -RESPONDENTS of India praying that in the High Court may more particularly records relating passed in same as being Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue an appropriate Writ, one in the nature of WRIT OF in the affidavit filed therewith order or direction CERTIORARI calling for the Administrative Tribunal to the orders of the Hon'ble A.P. O.A.No.6823/2013, perverse, in excels of jurisdiction dated 14-03-2014 and to quash the and contrary to law. 2015(Wpmd NQL49216 0F Petition under Section CPC praying that in the in support of the petition, the operation^ of the orders I Stated in the affidavit filed pleased to circumstances High Court may be of the A.P. Pradesh dated 14-03-2014 suspend the Administrative Tribunal pending disposal of the passed in O.A.No.6823/2013 writ petition. Counsel for the Petitioners; Counsei for the Respondent Counsel for the Respondent The Court made the ■ GP FOR SERVICES I No.I.SRI B. KRISHNA Nos.2 to 8;— following: ORDER APHC010398332015 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY. THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN the honourable SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 38240/2015 Between: State Of Andhra Pradesh. Rep. By Its and Others ...PETITIONER(S) The AND ...RESPONDENT{S) Karanama Sreedhar Rao S/o K Sundara Murthy and Others Counsel for the Petltioner(S): 1.GP FOR SERVICES I (AP) Counsel for the Respondent(S): 1.B KRISHNA 2 HBKM,J & AHHS.J W P No. 38240 of 2015 f The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) / / Heard the learned Assistant Government Pleader for Services-I appearing for the writ petitioners and the learned Senior Counsel appearing for the respondents. 2. In continuation of the orders of this Court, dated 08.04.2025, the learned Assistant Government Pleader for Services-I appearing for the writ petitioners submits that he has gone through the Judgment of the High Court for the State of Telangana and received instructions from the petitioners. He further submits that this Writ Petition is squarely covered by the said Judgment of the High Court for the State of Telangana,as the issue involved is one and the same in this Writ Petition. 3. In continuation of the submissions made by the learned counsels earlier, dated 08.04.2025 and upon hearing the submissions made today, this Court observes that the Division Bench of the High Court for the State of Telangana, dismissed the Writ Petition No.9586 of 2015 on 31.08.2023 by confirming the orders of the erstwhile Tribunal in O.A.No.6823 of 2013, dated 14.03.2014. One of the applicants in O.A.No.6823 of 2013 filed this writ petition. As the matter was already settled by the Division Bench of the High Court for the State of Telangana, upholding the Judgment of the erstwhile Tribunal, as stated supra, this Writ Petition is also liable to be dismissed on the same lines. \ 3 HBKM,J & AHHS „ W.P.No.38240of2015 are directed to pay additional respondent in terms of G,O.Ms,No.95, 03.04.2012 and 4. In the result, the petitioners herein increments to the 1 Si Finance (FR.II), Department, dated per the Rule 19(15) of monetary benefit from the date of issuance of as Fundamental Rules with the said G.O. \ 5. Accordingly, the Writ Petition in Writ Petition No.9586 of 2015, the State of Telangana shall be Court, dated 08.04.2025 shall Interim orders, if anv dpomoa u_ ■ j, nave ueOd vacated order as to costs. is dismissed. The copy of the Judgment dated 31.08.2023 of the High Court for appended to this order. The order of this be read as part and parcel of this order. rhere shall be no As a sequel, Interlocutory Applications pending, if any, shall stand closed. i / Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// To, SECTJON OFFICER Fligh Court of A.P. at Amaravati[OPUC] Advocate [OPUC] 1- Two CC's to GP for Services-1, 2. One CC to Sri 8. Krishna 3. Three CD Copies. (Along with the I 31.08.2023 of the High Court for copy of Judgment in W.P.No.9586 Telangana to this Order) of 2015, dated ssb high court '1 DATED:23/04/2025 \ ORDER WP.No.38240 of 2015 OF AN5?5|^^ h. 32 2 5 SFP mf ir s'C dismissing the w. p. WITHOUT COSTS f 3387 1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 9586 OF 201.^ Between: ' leL®arlat, Department, School Pradesh, Rep by its Principal, Secretar\^ Education Dept. Secretariat, Hyderabad. ^ 3. The District Treasury Officer, Nalgonda. 4. The Chief Executive Officer, Zilla Parishad Nalgonda. ^ause title amended as per C.p. dt. 26-3-15, vvxtjt- ...PETITIONERS/RESPONDENTS IN OA. No.6823/2013 AND no ® Srinivas Reddy, S/o: Amrutha Reddy (Late) Age - M“nd!f Na%ooda KsS™' ^ Isodll studied?' 7PH^^ School Assistant (bocial Studies), ZPHS, Cheruvupally, Thipparthy Mandal. Nalgonda 3. The A.P. Administrative Tribunal, Rep by its Registrar, Hyderabad. 4. ^^ranama Sreedhar Rao, S/o; K. Sundara Murthy, Age 45 Yrs Occ School ofstricr Studies) Duddekuna, Belugoppa Mandal, Ananthapur 5. The District Treasury Officer, Ananthapur. 6. The Chief Executive Officer, Zilla Parishad, Ananthapur. ...RESPONDENTS/APPLICANT IN OA.NO.6823/20213 Petition under Article 226 of the Constitution of India praying that the High Court may be 45 Yrs, , Narkatpally District. in the circumstances stated in the affidavit filed therewith. direction more particularly one in the nature of records relating to the orders of the Hon.ble A.P pleased to issue a Writ order or “Writ of Certiorari" calling for the Administrative Tribunal passed in O A.No.6823/2013 dated:1.t.03.2014, and quash of jurisdiction and contrary to law. the same as being perverse, in excess I.A. NO: 3 HF ?ni5(WPMP. NO: 12629 OF 2015) Petition under Se^ction 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the orders of the A.P. Administrative Tribunal passed in O.A.No.6823/2013 dated; 14.03.2014, pending disposal of the above writ petition. I.A. NO: 1 OF 2Q15(WVIVIP. NO: 2853 OF 2015) Between: . Sri Banda Srinivas Reddy, S/o; Amrutha Reddy (Late), Age ^5Jjs Occ; School Assistant (Social Studies) ZPHS, Ammanabole, Narkatpally Mandal, Nalgcnda District. 2 M. Joji Rayanna, S/o; M. Rayappa, Aged 53 Yrs, Occ; ^^^'£^Sistrict -(Social Studies), ZPHS, Cheruvupally. Thipparthy Mandal. Nalgonda District. .. .PETITINOER/RESPONDENTS 1 AND Rep by its Secretary, Finance Department, 1. The State of Andhra Pradesh, Secretariat, Hyderabad. 2 The State of Andhra Pradesh, Education Dept. Secretariat, Hyderabad. Rep by its Principal, Secretary. School 3. The District Treasury Officer, Nalgonda. 4. The Chief Executive Officer, Zilla Parishad Nalgonda. ....RESPONDENTS/WRIT PETITIONER have been substituted for Government of (The State of Telangar a is deemed to Andhra Pradesh as per Sec. 104 of A.P Reorganization Act) 5. The A.P. Administrative Tribunal. Rep by its Registrar, Hyderabad. 6. Karanama Sreednar Rao, S/o; K. Sundara Murthy, Age 45 Yrs, Occ; School Assistant (Social Studies) Duddekuna, Belugoppa Mandal, Ananthapur District. 7. he District Treasury Officer, Ananthapur. 8. The Chief Execut ve Officer, Zilla Parishad, Ananthapur. ...respondents only proforma parties and no reliefs is (Respondents No. R-5 to R-8 are claimed against them) the circumstances stated in under Section 151 CPC praying that in the affidavit filed in support of the petition, the High Court may be pleased vacate interin, order passed by this Hon'ble Court in WPMP N0.12629 of 2015 ,n Petition the W.P.No.9586 of 2015 dated 07.4.2015 Counsel for the Petitioners: GP FOR SERVICES I for the Respondent No.1,2 and 4:SRl B. KRISHNA The Court made the following: ORDER Counsel the HON’BLE SRI JUSTICE ABHINAND AND THE HON’BLE SRI JUSTICE ANIL KUMAR SHAVILI KUMAR JUKANTI ^Vri^Pei^^ No.9586 of 2015 ORDER: (Per , itui 'bie Sn , P'huiand Kumar Shautli] This Wj-it Petition is filed by the petitioners under Article-226 cf the Constitution of India seeking a ‘Writ of Certiorari by calling for records pertaining to the orders passed by the Andhra Pradesh Administrative liK- Tribunal’), Hvderabad in O.A.No.6823 of 2013, dated 14.03.2014 and to quash Tribunal, (hr short, or set aside tJie same. 2. Heard Ic'arned Govcinmcnt Pleader for Services-I appearing for ihe petitioners and Sn B.Krishna, appearing for the respondent Nos.l, 2 learned counsel and 4. 3. It has been contended by the petitioners that initially appointed in quently selected as School and they were claiming respondents Nos.l, 2 and 1 t-he Indian Annv and were subsc Assistants between '2002-2009 ;;Z:: W - additional increments for the service rendered by them G.O.Ms.No.67, dated dated 03.04.2012. considered of terms in the Army 20.03.1986 and also in G.O.Ms.No.95 fslos.h 2 and 4 was of respondent was rejected The case vide proceedings, dated Nos. 1, and the same respondent Tribunal by filing Aggrieved by the same ached the 26.04.2013. and 4 have appro of 2013 and the 2 Tribunal, vide orders, said O.A. O.A.No.6823 allow the pleased to dated 14.03.2014, was of the respondent Nos.l, 2 and 4 herein, raised by favour without appreciating any the petitioners. in of the contentions had the petitioners Government learned counsel for earlier the State The 4. has contended that issued G.O the guidelines the Emergency 20.03.1986 in terms of .Ms.No.67, dated framed by Government of India, wherein Short Service extended the benefit Government 03.04.2012, Commissioned and were only and the State .No.95, dated Commissioned Officers additional increments issued G.O.Ms of has further ::3:; J & j,\,^ j 9586.2015 extending the benefit servicemen irrespective of their them in Milimo- Service. G.O.Ms.No.67 all the ex- rank/post held by As G.O.Ms.No.9.5 was issued prospective elect but • respondent Nos.h 2 and 4 on 03.04.2012 It will ha ve not retrospective effect • Sinc( were appointed prior to ihe ,issuance of G.O.M.s.No.9.5 respondent Nos.l, 2 dated 03.04.2012 entitled for the and 4 were 'The Tribunal has and has mechanically allowed the not said benefit. not appreciated tius fact said O.A. i - in favour of respondent Nos. 1 „ 2 and 4. orders be 'therefore, aside the O.A.No.6823 Writ Petition. appropriate passed by setting by the Tribunal in orders passed 2013, dated 14.03.2014 and allow the The learned counsel for respondent Nos.l, 2 and G-O.Ms.No. in continuation of G.O. ^bc G.Os of State 4 had cor tended that 95. dated Ms.No.67, Government issued by the d of India 03.04 20 T 9 lo • IS issued i dated 20.03. ^086. Both are i - issued based overnment of India. npon the snidelines i G When the Governmer V A kS, J A, JAa. J \VP 9586_201A :;4;; titled for the are en that ex-senocemen stipulated benefit of additional increments the Tribunal has herein to extend the rightly directed the petitioners benefit of G.O.Ms.No.67. 20.03.1986 and dated respondent G.O.Ms.No.95, dated 03.04.2012 to the There are no merits in the Writ Nos.l, 2 and 4 herein Petition and is.liable to be dismissed. the rival considered having 6. This Court submissions made by the parties, is of the view that tlie earlier policy of extending the benefit of additional Commissioned and Short increments to the Emergency G.O.Ms.No.67, dated Service Commissioned Officers m taken into account by the State benefit to all the 20.03.1986, was Government and extended the same of the rank/post held by ex-servicemen irrespective them in the Military Service Therefore, the Tribunal was justified in vide G.O.Ms.No.95, dated 03.04.2012 allowing the O.A.No.6823 14.03.2014, in favour of 2013, vide orders, dated of the respondent Nos.l, 2 and 4 admittedly they have worked as m ilitary personnel. as AKS, J JAK, J 'A'I' 9:j8f) 'iOi:-. There are no merits in tlic' Writ petition and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed. SD/-B. SARASWATHI / ASSISTA^REGISTRAR SEC1^4 OFFICER //TRUE COPY// To, ' Syderatai” o°u-l" 'he State a ?wo OTCoplis of Telangana. at [OPUCl T J LS