APHC010206912012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33772/2012 Between: I.anjaneyulu ...PETITIONER AND Andhra Pradesh State Road Transport Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. A G SATYANARAYANA RAO Counsel for the Respondent(S): 1. K. SARALA REDDY(SC FOR APSRTC,PNV) The Court made the following Order: The petitioner is challenging the proceedings dated 21.06.2012, issued by the 4th respondent, cancelling the twenty- year special grade increment granted to the petitioner in the category of Junior Assistant. 2. This Court, while admitting the writ petition, granted suspension of the impugned proceedings insofar as the petitioner is concerned. The special grade increment was sanctioned to the petitioner on 01.08.2009. However, vide the impugned proceedings, the respondents have withdrawn the same and directed that the petitioner’s pay, Dearness Allowance (D.A) and 2 other allowances be refixed. It was also ordered that the amount paid be recovered from the salary of the petitioner. 3. The special grade increment was paid to the petitioner from 01.08.2009, and the petitioner had completed twenty years of service on 28.08.2008. The petitioner was promoted as Senior Assistant on 16.08.2009. The special grade increment, which was due and payable to the petitioner upon competition of twenty years of service, was extended to the petitioner with effect from 01.08.2009. 4. The 4th respondent, without any notice, reviewed its own earlier order and passed the impugned proceedings dated 16.12.2011, wherein the sanction of special grade increment was cancelled and its recovery was orders from the petitioner’s salary. 5. The learned counsel for the petitioner submits that the petitioner attained the age of superannuation on 31.05.2011 and was due the special grade increment for the period of one year nine months i.e., from 01.08.2009 on 31.05.2011 till the date of his retirement. 6. The respondents cannot unilaterally issue the impugned proceedings without issuing any show cause notice. No explanation was called for from the petitioner, and the respondents 3 arbitrarily decided to recover the amount on an installment basis from this salary. 7. Considering that the petitioner attained the age of superannuation on 31.05.2011, the respondents are not be entitled to effect any recovery from the petitioner’s retiral benefits. It is pertinent to note that this Court considered similar cases of the employees of the respondent Corporation in W.P.Nos.26644 of 2012 and 40400 of 2012, wherein this Court set aside the impugned proceedings withdrawing the special grade status and increment. Following the same, this Court directs the respondents to release the increments due payable to the petitioner for the service period from 01.08.2009 to 31.02.2011. 8. With these, observations, the writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 25.02.2025 NKA 4 274 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.33772 of 2012 Date: 25.02.2025 NKA