H APHC010060242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2995 OF 2023 Between: M Chinna Rao, S/o Late Krishna Murthy, aged 62 years, Occ: Retired Assistant Engineer, O/o Executive Engineer, Water Resources Department, Visakhapatnam Division, H.No. 12-15-47/6, Royla Enclave Apartment, Nookambika Temple Street, Anakapally. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Water Resources Department Secretariat, Velagapudi, Guntur District. 2. The Engineer-in-Chief (Admn), State of A.P. Water Resources Department, 2nd Floor, Jalasoudha Building, Irrigation Compound, Governorpet, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Maharanipet, Visakhapatnam. 4. The Executive Engineer, Water Resources Department, Visakhapatnam Division, Maharanipet, Visakhapatnam. ...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 direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents herein in issued the impugned recovery Proceedings.No.EE/IDA/SP/AB/EC-l/205M, dated 21-03-2022 and consequential Proc.No.EE/IDA/SP/AB/EC-l/206M, dated 22-03-2022, as highly illegal, arbitrary and also contrary to the law laid down by the Hon'ble Supreme Court in case of State of Punjab Vs. Rafiq Masih reported in 2015 (4) SCC- 334 and consequentially the this Hon'ble Court may be pleased to set aside the impugned order dated 21-3-2022 and 22-3-2022 with a further direction to refund the recovered amount of Rs.2,09,818/-. lA NO: 1 OF 2023 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 herein to refund the amount of Rs.2,09,818/- by suspending the impugned Proceedings.No.EE/IDA/SP /AB/EC-I/205M, dated 21-3-2022 and consequential Proc. No. EE/I DA/S P /AB/EC-I/206M, dated 22-3-2022, Pending disposal of WP. Counsel for the Petitioner: SRI M R TAGORE Counsel for the Respondents: GP FOR SERVICES III The Court made the following order: APHC010060242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2995/2023 Between: 1.M CHINNA RAO, S/O LATE KRISHNA MURTHY, AGED 62 YEARS, OCC. RETIRED ASSISTANT ENGINEER, 0/0 EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, VISAKHAPATNAM DIVISION, H.NO.12-15- 47/6, ROYLA ENCLAVE APARTMENT, NOOKAMBIKA TEMPLE STREET, ANAKAPALLY. ...PETITIONER AND 1,THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE ENGINEERINCHIEF ADMN, STATE OF A.P. WATER RESOURCES DEPARTMENT 2ND FLOOR,JALASOUDHA BUILDING, IRRIGATION COMPOUND,GOVERNORPET, VIJAYAWADA. 3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, MAHARANIPET, VISAKHAPATNAM. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, VISAKHAPATNAM DIVISION, MAHARANIPET, VISAKHAPATNAM. 2 ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents herein in issued the impugned recovery Proceedings.No.EE/iDA/SP/AB/EC-l/205M, dated 21-3-2022 and consequential Proc.No.EE/IDA/SP/AB/EC- I/206M, dated 22-3-2022, as highly illegal, arbitrary and also contrary to the law laid down by the Hon'ble Supreme Court in case of State of Punjab Vs. Rafiq Masih reported in 2015 (4) SCC- 334 and consequentially the this Hon'ble Court may be pleased to set aside the impugned order dated 21-3-2022 and 22- 3-2022 with a further direction to refund the recovered amount of Rs.2,09,818/- and may pass lA NO: 1 OF 2023 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 herein to refund the amount of Rs.2,09,818/- by suspending the impugned Proceedings.No.EE/ID/VSP /AB/EC- I/205M, dated 21-3-2022 and consequential Proc.No.EE/ID/VSP /AB/EC-I/206M, dated 22-3-2022, Pending disposal of WP and may pass Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VI3AY W.P.No.2995 of 2023 ORDER: This writ petition is filed questioning the recovery proceedings initiated against the Petitioner vide Proceedings No.EE/IDA/SP/AB/EC-l/205M. dated 21.03.2022 and consequential proceedings in Proc.No.EE/ID/VSP/AB/EC-l/206M dated 22.03.2022 as illegal and arbitrary. The Petitioner was appointed on compassionate grounds Work Inspector Grade-V by Proc.No.2690-M Subsequently, the Post was upgraded as Work Inspector Grade-lV with effect from 26.06.1980. The Petitioner was further promoted as Assistant Engineer in the year 2008. On attaining the age of superannuation, the Petitioner retired from Before retirement, the Petitioner submitted a representation dated 02.01.2021 for release of 6 years and 12 years Special Grade Post Scale and SPP-I respectively in the cadre of Assistant Engineer as he has completed 13 years of service in the same cadre without promotion and retired from service on 31.05.2021. However, the 2'^'^ Respondent vide Memo dated 11.06.2021 directed the 3 2. dated as 26.11.1979. service on 31.05.2021. rd • "V 2 Respondent to revise the pay fixation of the Petitioner under FR 22(a)(i). Though the Executive Engineer, WSM Division, Chodavaram had clarified that the pay fixation of the Petitioner was done correctly by adding one promotional increment, the pension proposals were returned vide Memo dated 20.10.2021 by the 2'"'^ Respondent stating that the Petitioner was not eligible for one promotional increment as per memo dated 11.06.2021 and insisted for revision of pay. Thereafter, the Superintending Engineer Irrigation Circle, Visakhapatnam submitted a report to the 2"'^ Respondent vide Letter No.11ENC/SE/ICA/SP/AB/J3/File 3. No.PF dated 07.01.2022 that the fixation was done correctly and there is no excess fixation done and no loss caused to the Government. In spite of the same, impugned proceedings vide Proc.No.EE/IDA/SP/AB/EC-l/2005M dated 21.03.2022 were issued to deduct a sum of Rs.2,09,818/- from the Petitioner’s gratuity by re-fixing the pay of the Petitioner. Hence, the writ petition is filed. 4. Learned counsel for the Petitioner would submit that the issue is squarely covered by an order of the Hon’ble Supreme 3 Court in State of Punjab v. Rafiq Masih and also the order of Hon’ble Supreme Court in Jogeswar Sahoo and Others v. District Judge, Cuttack and Others^ as the Petitioner had no role in the fixation of pay even assuming for the sake of argument that the fixation was erroneous as the Petitoner had retired from service. Learned Government Pleader does not dispute the 5. proposition of law. In the light of the judgments of the Hon’ble Supreme Court, the impugned recovery proceedings dated 21.03.2022 are without any basis and are wholly misconceived. 6. Therefore, the impugned proceedings dated 21.03.2022 set aside and the writ petition is allowed directing the Respondents to pay the amount of the Petitioner forthwith. No order as to costs. As a sequel, the miscellaneous petitions if any 7. are shall stand dismissed. ^ 2015(4) see 334 2 2025 see One Se 724 Sd/- i^. SRINIVAS ASSISTANT REGISTRAR //TRUE eOPY// SEeTION OFFieER To, 1. The Principal Secretary, Water Resources Department Secretariat, Velagapudi, Guntur District. 2. The Engineer-in-Chief (Admn), State of A.P. Water Resources Department, 2nd Floor, Jalasoudha Building, Irrigation Compound, Governorpet, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Maharanipet, Visakhapatnam. 4. The Executive Engineer, Water Resources Department, Visakhapatnam Division, Maharanipet, Visakhapatnam. 5. One CC to Sri M R Tagore Advocate [OPUC] 6. Two CCs to GP for Services III, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED:23/07/2025 ^fands^ ORDER WP NO. 2995 OF 2023 S 0 6 AUG 2025 m o». Current Section . -i// ALLOWING THE W.P. WITHOUT COSTS