APHC010539732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 9th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29376/2026 Between: 1. MOHAMMED ABDUL SALEEM, S/O. LATE SHAIK MASTHAN VALLI, AGED 66 YEARS, OCC DEPUTY EXECUTIVE ENGINEER (PR) (RETIRED), 0/0. DEPUTY EXECUTIVE ENGINEER, P.R.I. DIVISION, ELURU, RIO. H. NO. 20-336, SETHAPURAM, RAGHAVA ESTATE, VATLURU, ELURU, ELURU DISTRICT-534007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2 2. THE ENGINEERINCHIEF, STATE OF A.P., PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, PR CIRCLE, VIJAYAWADA, NTR DISTRICT-520001. 3. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, ELURU, AT BHIMAVARAM, WEST GODAVARI DISTRICT-534201 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased toissue a Writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents not releasing the Annual Grade Increments for the year 2018 2019 and 2020 3 years to the petitioner on the ground that the petitioner was placed under suspension as highly illegal arbitrary unjust improper violative of the provisions of Fundamental Rules and contrary to the orders of this Honble 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 for the year 2018 2019 and 2020 3 years in terms of the orders of this Honble Court in W P No 9228 of 2021 dated 13 07 2021 and W P No 36534 of 2025 dated 31 12 2025 and pass 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 pleased to direct the respondents to release the Annual Grade Increments for the year 2018, 2019 & 2020 (3 years) 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 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.29376 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in not releasing the annual grade increments due to the Petitioner for the years 2018 to 2020 and to declare the same as illegal and arbitrary. 2. The Petitioner was initially appointed as Assistant Executive Engineer in the year 1986 and was promoted to the post of Deputy Executive Engineer (PR) in the year 2014. Thereafter, he was retired from service on attaining the age of superannuation on 31.03.2020. While the Petitioner was working as Deputy Executive Engineer (PR), PRI Sub-Division, Bhimadole, West Godavari District, he was placed under suspension w.e.f. 04.08.2017 in connection with an ACB case registered for disproportionate assets in FIR.No.12/RCA- EWG-/2017, dated 16.08.2017 for the offenses punishable under Sections 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. Thereafter, the Petitioner continued under suspension till the date of his retirement i.e., up-to 31.03.2020. As annual increments were not sanctioned for the years 2018 to 2020, the present Writ Petition is filed. 4 3. Learned counsel for the Petitioner relied upon Order passed by the Division Bench of this Court in W.P. No. 6617 of 2004, dated 04.11.2004 and similar Orders passed by this Court in W.P.No.9228 of 2021, dated 13.07.2021, W.P.No.4553 of 2021, dated 24.02.2021 and W.P.No.15504 of 2009, dated 16.04.2015 and W.P.No.36534 of 2025, dated 31.12.2025. 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. 4. Learned Assistant Government Pleader appearing for the Respondents would submit that the representation of the Petitioner for the purpose as sought would be considered by the Respondent- Authorities and an appropriate decision would be taken. 5. Heard both the counsel. 6. The Division Bench of this Court in W.P.No.6617 of 2004 was considering the case of an individual seeking subsistence allowance after factoring in the annual grade increments. The Andhra Pradesh Administrative Tribunal had directed that the subsisting allowance be paid after taking into account the annual increments. In the Writ 5 Petition filed by the State, the Division Bench of this Court, after referring to the provisions of F.R.24, held that unless an order of withholding increments is passed, the same cannot be withheld. 7. The said principle was followed in series of Judgments of this Court in W.P.Nos.9228 of 2021, 4553 of 2021 and 18004 of 2022. 8. In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increments for the years 2018 to 2020 as illegal, and consequently, the Respondent-authorities are directed to release the annual grade increments due to the Petitioner for the years 2018 to 2020 within a period of one (01) month from the date of receipt of a copy of this order. 9. There shall be no order as to costs. 10. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.10.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 123 W.P.No.29376 of 2026 Date: 09.10.2026 chs