f IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAWAW^ (Spi&cial Original Jurisdiction) _ WEDNESDAY, THE TWENTY THIRD DAY OF APRIL lU TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5725 OF 2022 X 1 o tn F / / Between: M. Prabhavathamma, W/o S.A. Khuddis, Aged about 73 yrs, Occ; Physical Director (Retd.), R/o Flat No.407, Lakshmi Chengalva Residency, Near Vaiuntapuram Arch. M.R.Palle, Tirupati-517502, Chittoor District. ...PETITIONER AND 1. Tirumala Thrirupati Devasthanam, Rep. by its Executive Officer, T.T.D. Administrative Buildings, K.T.Road, Tirupati, Chittoor District-517501. 2. Devasthanam Education Officer, T.T.Devasthanam, T.T.D. Administrative Buildings, K.T.Road, Tirupati, Chittoor District-517501. 3. The Principal, S.P.W. Degree College, Tirupati, Chittoor Dsitrict. ...RESPONDENTS 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 to issue a Writ Order or orders, direction more particularly one in the nature of Writ of Mandamus declaring the in action of the respondent No.1 for not considering the representation of the petitioner dt. 17.01.2022 and settle the petitioner's promotional increment and its consequential benefits on par equalent with the Degree College Physical Directors from the date of the petitioner joining as Physical Director, SPW Degree College, Tirupati i.e., from 11.08.2003 and also for grant of additional increment against Family Planning Incentive for the Tubectomy operation dt.01.06.1983 is illegal, arbitrary and unconstitutional and consequently direct the respondent No.1 to dispose of the representation dt. 17.01.2022 * of"fh^‘5p.etitioner as per law forth with. lA NO: 1 OF 2022 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 1®‘ respondent to dispose of the representation dt. 01.2022 of the petitioner as per law forth with, pending disposal of the main writ petition. Counsel for the Petitioner: SRI S. VARADARAJULU CHETTY Counsel for the Respondent Nos,1 &2: Dr MAJJI SURI BABU { SC FOR TTD ) Counsel for the Respondent No.3:— The Court made the following: ORDER wv r APHC010075292022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5725/2022 Between: ...PETITIONER M. Prabhavathamma AND ...RESPONDENT(S) Tirumala Thrirupati Devasthanam and Others Counsel for the Petitioner: 1.S VARADARAJULU CHETTY Counsel for the Respondent(S): 1. ANUP KOUSHIK KARAVADI(SC FOR TIRUMALA TIRUPATHI DEVASTHANAMS) 2.Dr MAJJI SURI BABU ( SC FOR TTD ) The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Standing Counsel for Endowments - TTD. Challenging the inaction of the respondents in considering the 2. representation of the petitioner, dated 17.01.2022, the instant writ petition is filed. 2 3. The grievance of the petitioner is that while she was working as Physical Director in Padmavat; Junior College, Tirupati was forced to work in Padmavati Degree College, Tirupati and however, she was denied the I benefits attached to the said post of Physical Director of Degree College. The petitioner’s further grievance is that on 01.06.1983, she had undergone a tubectomy operation which carried certain incentives/increments at the relevant period of time. Even the said increments were denied. After St retirement on 31.01.2006, she has filed representation before the 1 t respondent on 17.01.2022, bringing to the notice of the respondents, however. that representation was not considered. Therefore, she approached this Court by way of the instant writ petition. The 1 respondent has filed counter-affidavit stating that the 4. petitioner is not entitled for promotion to the post of Physical Director in Degree College, since, she did not have required minimum service of three (03) years which is required for promotion to the post of Physical Director in Degree College and she has retired on super annuation before completion of minimum service of three years. In the past also she had made a similar application in 2017 and the same was rejected vide proceedings of the Executive Officer, on 25-01-2017 since the petitioner was lacking three years of minimum service from the post of Physical Director, Junior College. It is further stated that the petitioner had undergone Tubectomy operation on 01.06.1983 and the claiming incentive to she has filed a representation on 29.07.1985 for sanction of the increments. In terms of 5. G.O.Ms.No.500 Medical Health and Family Welfare (D2) Department, dated 11.12.1996, the application for incentives should be made within three (03) months frpiri the date of the operation. And the petitioner has not applied within the stipulated time is not entitled for incentives of the scheme. It is further stated that family planning incentive was already sanctioned to the petitioner’s husband when the petitioner’s husband’s 1®^ wife had underwent family planning operation on 21.10.1976 and as per rules, if both the husband and wife are employees, only one of them will be sanctioned Family Planning incentive increment. Therefore, the petitioner is also not entitled for the family planning incentive. Thus stated that the petitioner is not entitled for family planning incentive, the same was also informed to the petitioner vide letter Roc.No.TTD-80021 (31 )/69/2019-DEO-SEC-TTD, dated 26.04.2019. a 6. In view of the foregoing and having considered the rival contentions, I do not find any inaction of the respondents in considering the case of the petitioner. 7. The Writ Petitibn is accordingly, dismissed. There shall be no order as to costs. ’ ‘ As a sequel, all pending miscellaneous applications shall stand closed. SdA K.J.RAJA BASU ASSISTANT REG! AR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri S. Varadarajulu Chetty, Advocate [OPUC] 2. One CC to Dr. Majji Suri Babu, ( SC for TTD ) [OPUC] 3. One CC to Sri Anup Koushik Karavadi, SC for TTD[OPUC] 4. Three CD Copies. ssb » HIGH COURT DATED:23/04/2025 ORDER WP.No.5725 of 2022 DISMISSING THE W.P. WITHOUT COSTS