APHC010171592021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 29th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 10746/2021 Between: 1. P.R.L. ACHARYULU, S/O P. BUTCHAYYA ACHARYULU AGED ABOUT 60 YEARS, OCC SCHOOL ASSISTANT (BIO-SC) Z.P. HIGH SCHOOL, AKKIREDDIPALEM,VISAKHAPATNAM, R/O GANGUBUDI VILLAGE, VIZIANAGARAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, AP 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, AP 4. THE DISTRICT EDUCATIONAL OFFICER, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM, AP ...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 an appropriate Order, 2 Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing proceedings vide Rc.No.1104/A1/2003 dt.13-05- 2005, wherein awarding punishment of CENSURE and directed the petitioner to remit an amount of Rs. 433/- and treating the period of suspension from 16 - 07-2003 to 07-10-2004 as leave and consequential proceedings Vide Rc No. 4542/A1/2005-1 dated 28-02-2013 of the 3rd respondent is illegal, arbitrary, unjust and contrary to A.P.C.S (CCA) Rules,1991 and consequently set aside the same by directing the respondents to fix the revised Pay Scales of 2005, 2010 and 2015 due to the petitioner on par with others, to sanction periodical increments and also to regularize his suspension period from 16-07-2003 to 07-10-2004 as on duty IA NO: 1 OF 2021 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 2nd respondent to consider and dispose of the representation dt. 19- 04-2017 made by the petitioner forthwith, pending disposal of the main Writ Petition, and to 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 may be pleased to grant leave to petitioner to file the rejoinder affidavit to the counter affidavit filed by the 4th respondent and pass such other order or orders Counsel for the Petitioner: 1. NEDUNURI RAGHU Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 ORDER: This Writ Petition is filed for the following relief; “…to issue an appropriate Order Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing proceedings vide Rc No 1104/A1/2003 dt 1305 2005 wherein awarding punishment of CENSURE and directed the petitioner to remit an amount of Rs 433/ and treating the period of suspension from 16 072003 to 07102004 as leave and consequential proceedings Vide Rc No 4542/A1/20051 dated 28022013 of the 3rd respondent is illegal arbitrary unjust and contrary to A P C S CCA Rules 1991 and consequently set aside the same by directing the respondents to fix the revised Pay Scales of 2005 2010 and 2015 due to the petitioner on par with others to sanction periodical increments and also to regularize his suspension period from 16072003 to 07102004 as on duty and to pass such other order or orders…” 2. Heard learned counsel for the petitioner and the learned Government Pleader for Services- III for the respondents. 3. The present writ petition is being filed questioning the action of the 4th respondent in issuing proceedings vide Rc.No.1104/A1/2003 dt.13.05.2005, wherein awarding punishment of “CENSURE” and directed the petitioner to remit an amount of Rs.433/- and treating the period of suspension from 16.07.2003 to 07.10.2004 as leave and consequential proceedings Vide Rc.No.4542/A1/2005-1, dated 28.02.2013 of the 3rd respondent, is illegal, arbitrary, unjust and contrary to A.P.C.S(CCA) Rules, 1991 and further set aside the same 4 by directing the respondents to fix the revised Pay Scales of 2005, 2010 and 2015 due to petitioner on par with others, to sanction periodical increments and also to regularize the petitioner’s suspension from 16.07.2003 to 07.10.2004 as on duty. 4. This Court vide order dated 01.07.2026, directed the petitioner to make a fresh representation to the concerned respondent and respondents are directed to consider and pass appropriate orders and said representation. 5. Accordingly, the petitioner filed a representation before the concerned authority. The concerned authority has disposed of the representation vide order dated 29.07.2026. The proceedings indicate that all the disciplinary proceedings dated 13.05.2005 have remained in force, but the suspension period from 16.07.2003 to 07.10.2004 has already been regularized and treated as eligible leave. The said proceedings have remained in force in the service records and require to be regulated accordingly. As the respondents have regularized the suspension period, the respondents are directed to pay the retiremental benefits to the petitioner herein, according to eligibility. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. 5 As a sequel, interlocutory applications pending, if any, in this Writ Petition shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29.07.2026 RMD 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 10746 OF 2021 Date: 29-07-2026 RMD