ALLUMALLA JAGADEESH v. The State of Andhra Pradesh,
WP/33111/2025 · 2025-11-27
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53310 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53310 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010628832025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between:
1. ALLUMALLA JAGADEESH, S/O. PADAMATA RAO, AGED ABOUT 45 YEARS, PC 3956 P.M.PALEM LAW AND ORDER P.S., NORTH SUB DIVISION VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
FINANCE VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
3. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANAGALAGIRI. 4. THE COMMISSIONER OF POLICE, VISAKHAPATNAM VISAKHAPATNAMDISTRICT. 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 direction more particularly one in the nature of Writ of mandamus, the inaction of the 1st to 4th respondents not granting pay protection and pay fixation as per the 7th Revised pay commission in accordance with the G.O MS NO. 95 dated 03.04.2012, or to sanction with IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33111 OF 2025 ALLUMALLA JAGADEESH, S/O. PADAMATA RAO, AGED ABOUT 45 YEARS, PC 3956 P.M.PALEM LAW AND ORDER P.S., NORTH SUB DIVISION VISAKHAPATNAM. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF DHRA PRADESH, MANAGALAGIRI. THE COMMISSIONER OF POLICE, VISAKHAPATNAM VISAKHAPATNAMDISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of e inaction of the 1st to 4th respondents not granting pay protection and pay fixation as per the 7th Revised pay commission in accordance with the G.O MS NO.
95 dated 03.04.2012, or to sanction with IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ALLUMALLA JAGADEESH, S/O. PADAMATA RAO, AGED ABOUT 45 YEARS, PC 3956 P.M.PALEM LAW AND ORDER P.S., NORTH SUB- ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF THE COMMISSIONER OF POLICE, VISAKHAPATNAM ...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 to issue a writ, order or direction more particularly one in the nature of e inaction of the 1st to 4th respondents not granting pay protection and pay fixation as per the 7th Revised pay commission in accordance with the G.O MS NO. 95 dated 03.04.2012, or to sanction with
advance increments as per the revised 11 PRC , as being illegal, arbitrary and violation of Article 14, 16, 21 and 300-A of the Constitution of India and based on total non-application of mind and further contrary to the provisions contained in G.O.Ms.
No.95 dt.3.4.2012 and consequently direct the 1st to 4th Respondents to reconsider the representation of the Petitioner, and grant Pay Protection as per the Last Pay drawn on Revised Pay Commission or with advance increments of served years in accordance with the G.O.Ms.No.95, dt,03.04.2012, and pass IA 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 pleased to direct the Respondents 1 to 4 to provide the Pay Protection and pay fixation to the Petitioner as per the Last Pay Drawn in accordance with the Revised 7th Pay Commission in accordance with the G.O.Ms.No.95, dt.03.04.2012,or sanction advance increments of served years as per the revised 11th PRC pending disposal of the above writ petition, and pass Counsel for the Petitioner:
1. VELURY RAGHURAM Counsel for the Respondent(S):
1. GP FOR SERVICES I
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33111 OF 2025 The Court made the following order:
Heard Sri Velury Raghuram, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for respondents. 2. The writ petitioner challenges the inaction on the part of the respondents in granting a Pay protection and Pay fixation as per the Last Pay Drawn of 7th Revised pay commission in accordance with G.O.Ms.No.95, dated 03.04.2012, the instant writ petition is filed. 3. The petitioner contends that he was retired from the Indian Army on 30.09.2015 and subsequently he was selected and appointed as a Police Constable under Ex-servicemen quota in 2018, by the 4th respondent. In the said post, his pay was fixed at Rs. 16,400/- in the scale of Rs.16,400/- - Rs.49,870/-. He seeks pay protection and pay fixation in accordance with G.O.Ms.No.95, dated 03.04.2012. 4. It is argued that the issue raised in the Writ Petition is covered by a judgment of the coordinate bench in W.P.Nos.28527, 28133 & 28164 of 2025.
The said writ petitions were disposed of with the following directions:
“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.”
5. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents 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. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 28.11.2025 BSK
22 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 33111 OF 2025
Date: 28.11.2025 BSK