Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 17952 (AP)

M.Sreenivasa Kumar v. State of Andhra Pradesh

WP/5599/2026 · 2026-02-26

D Ramesh

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010099452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5599/2026 Between: 1. M.SREENIVASA KUMAR, S/O.LATE GOPALA RAO, AGED 56 YEARS, OCC WORK INSPECTOR, ENGINEERING SECTION, CIRCLE-ILL, VMC, R/O.D.NO.70-6-19, KONERUVARI STREET, PATAMATA, VIJAYAWADA-10 - 520010 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. - 522241 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION CDMA, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, AP - 522502. 4. VIJAYAWADA MUNICIPAL CORPORATION, JAWAHARLAL NEHRU BUILDINGS, VIJAYAWADA, KRISHNA DISTRICT, REP. BY ITS COMMISSIONER-520001 ...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 pass an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the annual grade increments, HRA and CCA to the Petitioners in terms of orders in O.A.No.7335 of 2010 of the A.P.Administrative Tribunal confirmed by the then composite Hon'ble High Court in W.P.No.24130 of 2011 and batch and further confirmation of the orders of the Hon'ble Supreme Court in S.L.P.No.13813 of 2018 and batch vide its common orders dated 23.07.2024 which were implemented vide G.O.Ms.No.151 MA and Ud (D) Department dated 31.07.2025 to the petitioners/NMRs therein in the 4th respondent Municipal Corporation as illegal, arbitrary and also discriminatory in nature and in violation of Article 14 of the constitution of India consequently direct the 1st and 2nd respondents herein to sanction annual grade increments, HRA and CCA to the petitioner 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 to direct the 1st and 2nd respondents herein to sanction annual grade increments, HRA and CCA to the petitioner, pending disposal of the Writ Petition Counsel for the Petitioner: 1. JHANSI GUDURU Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. S.V.S.S.SIVARAM SC For VMC THE HONOURABLE SRI JUSTICE D RAMESH ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to pass an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the annual grade increments, HRA and CCA to the Petitioners in terms of orders in O.A.No.7335 of 2010 of the A.P.Administrative Tribunal confirmed by the then composite Hon'ble High Court in W.P.No.24130 of 2011 and batch and further confirmation of the orders of the Hon'ble Supreme Court in S.L.P.No.13813 of 2018 and batch vide its common orders dated 23.07.2024 which were implemented vide G.O.Ms.No.151 MA and Ud (D) Department dated 31.07.2025 to the petitioners/NMRs therein in the 4th respondent Municipal Corporation as illegal, arbitrary and also discriminatory in nature and in violation of Article 14 of the constitution of India consequently direct the 1st and 2nd respondents herein to sanction annual grade increments, HRA and CCA to the petitioner…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of the respondents. 3. The contention of the learned counsel for the petitioner is that based on the orders passed by the Andhra Pradesh Administrative Tribunal in O.A.No.7335 of 2010, the Government has considered and extended the benefits to the applicants in that O.A. and the petitioners herein are also identically situated but the same benefit was not extended to them. It is further contended that as against the orders in the above said O.A., the respondent authorities i.e., Government filed W.P.No.24130 of 2011 and batch before this Court and the said Writ Petitions were disposed of on 30.08.2011 by the Division Bench of this Court stating as follows: “These Writ Petitions are devoid of any merit and are accordingly, dismissed. There shall be no order as to costs” 4. Against the above said orders in Writ Petitions, the petitioners in Writ Petitions i.e., the Government preferred S.L.P’s before the Hon’ble Apex Court vide Special Leave to Appeal (Civil) No(s).29963-29965 of 2011 and the Hon’ble Supreme court dismissed the same vide order as follows: “in view of the order passed by this Court in SLP (Civil) No.6422/2007 on 23/11/2009, the Special leave petitions are dismissed” 5. As the issue was already decided by the Andhra Pradesh Administrative Tribunal and the Division Bench of this Court had also considered the same, the petitioners herein who are also standing on the same footing, is entitled for the same benefit. 6. Accordingly, with the above observations, 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 D.RAMESH Date: 27.02.2026 M K K 327 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.5599 of 2026 Dated: 27.02.2026 M K K