APHC010504242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27424/2026 Between: 1. P VIJAYA BHASKAR, S/O. P. SUBBARAYUDU (LATE), AGED 58 YEARS, OCC. MOTOR VEHICLE INSPECTOR (MVO, O/O. DEPUTY TRANSPORT COMMISSIONER, KADAPA, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE TRANSPORT COMMISSIONER, STATE OF A.P, ARRIVAL BLOCK, PANDIT NEHRU BUS STATION, VIJAYAWADA, NTR DISTRICT- 520013. 3. THE DEPUTY TRANSPORT COMMISSIONER, KADAPA, YSR KADAPA DISTRICT-516001. ...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 toissue a Writ, order or direction, 2 more particularly one in the nature of writ of mandamus, declaring the action of the respondents not releasing the Annual Grade Increments from the year 2018 to till date to the petitioner on the ground that the petitioner involved in criminal case vide FIR.No. 08/RCA-TCT/2018 dated 30.08.2018 and placed under suspension as highly illegal, arbitrary, unjust, improper, violative of the provisions of Fundamental Rules and contrary to the orders of this Hon'ble Court apart from violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release the Annual Grade Increments from the year 2018 to till date in terms of the orders of this Hon'ble Court in W.P.No. 9228 of 2021 dated 13.07.2021 AND W.P.No. 36534 of 2025 dated 31.12.2025 IA NO: 1 OF 2026 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 direct the respondents to release the Annual Grade Increments from the year 2018 to till date in pursuance of the orders of this Hon'ble Court in W.P.No. 9228 of 2021 dated 13.07.2021 & W.P.No. 36534 of 2025 dated 31.12.2025 Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No.27424 of 2026 O R D E R: 1. The present Writ Petition is filed questioning the action of the Respondents in not releasing the annual grade increments due to the Petitioner from the year 2018 to till date, as illegal and arbitrary. 2. The Petitioner, while working as Motor Vehicle Inspector at RTA Checkpost, Renigunta, Chittoor District, was placed under suspension from 02.09.2018 to 09.07.2020 in connection with an ACB case registered for disproportionate assets in FIR No.08/RCA-TCT/2018, dated 30.08.2018, for the offences punishable under Sections 13(1)(b) r/w 13(2) of the Prevention of Corruption Act, 1988, on 30.08.2018. Pending investigation, the suspension of the Petitioner was revoked vide G.O.Rt.No.193, Transport, Roads and Buildings Department, dated 24.06.2020, and proceedings in R.No.13024/39/C3/C2/2020, dated 06.07.2020, and now he is working as Motor Vehicle Inspector in the office of Deputy Transport Commissioner, Kadapa. 3. The grievance of the Petitioner is that the Petitioner was not paid the annual grade increments from the year of suspension 4 i.e., 2018 to till date, even though representations were given to that effect to the Respondent-Authorities. Hence, the Writ Petition came to be filed. 4. Learned counsel for the Petitioner relied upon a Judgment of the Division Bench of this Court in W.P. No. 6617 of 2004 and similar Judgments passed by this Court in W.P.Nos. 9228 of 2021, 4553 of 2021, and 18004 of 2022 and 30863 of 2025. This Court in similar circumstances had directed the Respondent Authorities to sanction the annual grade increments after referring to the provisions of F.R.24. 5. Learned Assistant Government Pleader would submit that the Representations of the Petitioner for the purpose as sought would be considered by the Respondent Authorities and an appropriate decision would be taken. 6. Heard Sri T.S.N Sudhakar, learned counsel for the Petitioner and learned Government Pleader for Services. 7. The Division Bench of this Court in W.P. No. 6617 of 2004, dated 04.11.2004, was considering the case of an individual seeking subsistence allowance after factoring in the annual grade increments. In the said case, the Andhra Pradesh Administrative 5 Tribunal had directed that the subsisting allowance be paid after taking into account the annual increments. In the Writ Petition filed by the State, the Division Bench of this Court, after referring to the provisions of FR 24, held that unless an order of withholding increments is passed, the same cannot be withheld. The said Judgment was followed in series of Judgments of this Court in W.P.Nos.9228 of 2021, 4553 of 2021, 18004 of 2022 and 30863 of 2025 to quote a few. 8. In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increments from the year 2018 to till date as unsustainable and consequently, the Respondents are directed to release the annual grade increments due to the Petitioner from the year 2018 to till date within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.09.2026 chs 6 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY 139 Writ Petition No.27424 of 2026 Date: 23.09.2026 chs