IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5685 OF 2024 Between: G. Muralidhara Murthy, JL in English, MJPAPBCWR School/Jr. College (Boys), Lepakshi, Sri Satya Sai District. ...PETITIONER AND The State of AP, Represented by its Principal Secretary to Government, B.C. Welfare Department, 1®* Floor, Block No.3, A.P. Secretariat Building, Velagapudi, Amaravati, Guntur District - 522503. Mahatma Jyotiba Phule Andhra Pradesh Residential Educational Institutions Society, (MJPAPBCWREIS), Represented by its Secretary F-9, 2nd Floor, Street No.4, Bandi Stanley Street, Umasankar Nagar Kanuru, Vijayawada -10, Andhra Pradesh. The Audit Officer, Andhra Pradesh Residential Educational Institutions Society (APREIS), Audit Office, Pamulaparthi Sivaiah Complex Naidupeta, Koritipadu, near Mourya Hotel, Guntur District, Andhra Pradesh. The Prinicipal, Mahatma Jyotiba Phule Andhra Pradesh Residential Educational Institutions Society (MJPAPBCWREIS) School and College (Boys), Lepakshi, Sri Satya Sai District. 1. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents, particularly the 2"^^ respondent in issuing the impugned order dated 06-04-2023 vide its may Rc.No.Estt /A1/198/Prl/2022, dt.06-04-2023 and its consequential order dt.05-05- 2023 passed by the 2 nd respondent vide Rc.No.402/B/2022, dt.05-05- 2023, refixing the pay scale of petitioner into lower scale, though the petitioner is eligible for higher pay scale as he has completed his 12 years in PGT Post under SPPS-IA, and thereby ordering the recovery of the excess paid amounts to the tune of Rs.1,65,270/- from 01-04-2021 to till date, and recovering some amounts till date without even bothering to call for an explanation from petitioner before recovery, as highly illegal, arbitrary, violative of fundamental rights guaranteed under the Constitution of India and also the principles of natural justice and set-aside the impugned orders dt.06-04-2023 and dt.05-05-2023 and further direct the respondents to stop recovering the amount from the petitioner. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to stop, the further recovery of amounts, from the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAMA CHANDRA RAO GURRAM Counsel for the Respondent No.1 : GP FOR SERVICES II Counsel for the Respondent Nos.2 to 4 :Mrs. ANITHA MESA, SC FOR APREIS TW SW BC The Court made the following: ORDER [3331] APHC010106402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5685/2024 Between; 1.G MURALIDHARA MURTHY, JL IN ENGLISH, MJPAPBCWR SCHOOL/JR. COLLEGE (BOYS), LEPAKSHI, SRI SATYA SAI DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINICPAL SECRETARY TO GOVERNMENT, B.C. WELFARE DEPARTMENT, 1ST FLOOR, BLOCK NO.3, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522503 2.MAHATMA JYOTIBA PHULE ANDHRA PRADESH RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, (MJPAPBCWREIS), REPRESENTED BY ITS SECRETARY, F-9, 2ND FLOOR, STREET N0.4, BANDI STANLEY STREET. UMASANKAR NAGAR, KANURU, VIJAYAWADA -10, ANDHRA PRADESH 3.THE AUDIT OFFICER, ANDHRA PRADESH RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (APREIS), AUDIT OFFICE, PAMULAPARTHI SIVAIAH COMPLEX, NAIDUPETA, KORITIPADU, NEAR MOURYA HOTEL, GUNTUR DISTRICT, ANDHRA PRADESH tVhE PRINICIPAL, mahatma JYOTIBA PHULE ANDHRA PRADESH RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (MJPAPBCWREIS) SCHOOL AND COLLEGE (BOYS), LEPAKSHI, SRI SATYA SAI DISTRICT 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 to pleased to issue a Writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents, particularly the 2nd respondent in issuing the impugned order dated 06-04- 2023 vide its Rc.No.Estt /A1/198/Prl/2022, dt.06-04-2023 and its consequential order dt.05-05- 2023 passed by the 2nd respondent vide Rc.No.402/B/2022, dt.05-05- 2023, refixing the pay scale of petitioner into lower scale, though the petitioner is eligible for higher pay scale as he has completed his 12 years in PGT Post under SPPS-IA, and thereby ordering the recovery of the excess paid amounts to the tune of Rs.1,65,270/- from 01-04- 2021 to till date, and recovering some amounts till date without even bothering to call for an explanation from petitioner before recovery, as highly illegal, arbitrary, violative of fundamental rights guaranteed under the Constitution of India and also the principles of natural justice and set-aside the impugned orders dt.06-04-2023 and dt.05-05-2023 and further direct the respondents to stop recovering the amount from the petitioner, and to pass lA NO: 1 OF 2024 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 to stop, the further recovery of amounts, from the petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAMA CHANDRA RAO GURRAM Counsel for the Respondent{S): 1. ANITHA MESA (SC FOR APREIS TW SW BC) 2.GP FOR SERVICES II The Court made the following: / p V 3 "ORDER:: In pursuance of letter dated 08.01.2025 addressed to the Registrar (Judicial), learned counsel for the petitioner seeks permission to withdraw the present writ petition. 2. Permission is accorded. Accordingly, this writ petition is dismissed as withdrawn. No order as to 3. costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// I SECTION OFFICER To 1. One CC to Sri Rama Chandra Rao Gurram, Advocate [OPUC] 2. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 3. One CC to Mrs.Anitha Mesa, SC for APREIS TW SW BC (OPUC) 4. Three C.D. Copies. Cnr 4 HIGH COURT DATED:09/01/2025 ORDER WP.No.5685 of 2024 ^OF ANOa^ 5 3 It JAN 2025 m DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS