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2025 DAILYLAW 51024 (AP)

VENKATA SUBBARAYUDU v. THE STATE OF AP

WP/28133/2025 · 2025-10-14

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010538192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28133 OF 202& Between: Venkata Subbarayudu. J, S/o. Venkata Lakshmaiah, Aged about 47 Welfare and Educational Assistant, Velpanur-2 Sachivalayam, Velugodu Mandal, Nandyal District. years, ...Petitioner AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Social Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Social Welfare, Government of Andhra Tadepalli, Amaravathi, A.P.,Guntur District. 3. The Deputy Director, Social Welfare Department Nandyal, Nandyal District. Pradesh, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, directing the Respondents may be 1 to 3 to provide Pay protection and Pay Fixation to the Petitioner as per the Last Pay Drawn of 7^^ Revised Pay Commission in accordance with the G.O.Ms.No.95 dt.03.04.2012 or with Advance Increments, subsequent Circulars Representations and Recommendations of the 3'^^ Respondent and further directing the Respondents to fix the pay /. drawn, within the time frame limit. as per my per pay protection of Last Pay as lA NO: 1 OF 2025 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 1 to 3 to grant the Pay Protection to the Petitioner per the Last Pay Drawn as per the Revised 7'^ Pay Commission i accordance with the G.O.Ms.No.,95, dt.03.04.2012, pending disposal of the above writ petition. Counsel for the Petitioner: SRI VELURY RAGHURAM Counsel for the Respondents No.1 to 3: GP FOR SERVICES II The Court made the following order: as in APHC010538192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28133/2025 Between: ...PETITIONER Venkata Subbarayudu AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.VELURY RAGHURAM Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.28133 of 2025 O R DE R: The present Writ Petition is filed seeking for a direction to the Respondent Nos. 1 to 3 to provide Pay protection and Pay Fixation to the Petitioner as per the Last Pay Drawn of 7*^ Revissed Pay Commission in accordance with G.O.Ms.No.95, dated 03.04.2012. The Petitioner had rendered service in Indian Army in the cadre of Naik from 29.10.1997 to 30.06.2013 i.e., for a period of 15 years 8 months and 3 days. The Last Pay Drawn of the Petitioner was said to be Rs.31,400/- as per CPC-2016 scales. After the retirement from the armed forces, the Petitioner was appointed as Welfare and Educational Assistant ( Grama and Ward Sachivalayam Department) in Gulyam-2 Gram Sachivalayam, Halaharvi Mandal, Kurnool District. 2. 3. The grievance of the Petitioner is that the Respondent Government had issued G.O.Ms.No.95, Finance (FR.llI) Department, dated 03.04.2012, extending the benefit of G.O.Ms.No.67, Fin. & Pig. (FW.FR.ll) Department, dated \ \ 3 20.03.1986, to all re-employed EX-Servicemen, irrespective of their rank in Military Service. But, however, the said benefit was not extended to the Petitioner in spite of his representation dated 31.11.2022. 4. Learned Assistant Government Pleader submits that the representation of the Petitioner dated 31.11.2022 would be considered in accordance with G.O.Ms.No.95, dated 03.04.2012 and the rules in vogue. 5. Considering the submissions made, the Writ Petition is disposed of with following directions: i) The Respondents are directed to examine the claim of the Petitioner for Pay protection and Pay Fixation in terms of G.O.Ms.No.95, dated 03.04.2012 within a period of eight weeks from today. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed Sd/- A VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, of Andhra Pradesh, Social Welfare 1 The Principal Secretary, State Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Social Welfare, Government of Andhra Pradesh, Tadepalli, Amaravathi, A.P., Guntur District. 3. The Deputy Director, Social Welfare Department, Nandyal, Nandyal District. 4 One CC to SRI VELURY RAGHURAM Advocate [OPUC] SERVICES II High Court of Andhra Pradesh 5. Two CCS to GP FOR [OUT] 6. Two CD Copies gsg «; HIGH COURT DATED:15/10/2025 ORDER WP NO. 28133 OF 2025 DISPOSING THE WP WITHOUT COSTS