APHC010375362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20250/2026 Between: 1. VEGI MAHESWARA RAO, S/O. ADINARAYANA (LATE), AGE 53 YEARS, RESIDING AT H.NO 6-87, VEGI VAARI STREET FOUR ROAD JUNCTION, PENDURTHI, VISAKHAPATNAM - 531173 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522 237 2. THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED REPRESENTED BY ITS CHAIRMAN M, CORPORATE OFFICE AT D.NO 50-27-5/1, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 013 EMAIL CMD@EASTERNPOWER.COM 3. THE CHIEF GENERAL MANAGER HRD, THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED CORPORATE OFFICE AT D.NO 50-27-5/1, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 013 EMAIL CGM_HRD@APEASTERNPOWER.COM 4. THE DIRECTOR FINANCE AND HRD, THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED CORPORATE OFFICE AT D.NO50-27-5/1, TPT COLONY, 2 SEETHAMMADHARA, VISAKHAPATNAM - 530 013 5. THE SUPERINTENDING ENGINEER OPERATIONS, SRIKAKULAM OPERATION CIRCLE, APEPDCL, SRIKAKULAM. 6. THE DRAWING AND PAY OFFICER CUM EXECUTIVE ENGINEER OPERATIONS, APEPDCL.SRIKAKULAM DIVISION, SRIKAKULAM. ...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 a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of respondent No.2 to 6 herein in with holding the Annual Grade Increments and Special Promotion Post Scale l-A increments, due to be paid to me from the year 2021 onwards, without there being any order of penalty and merely due to the pendency of the disciplinary proceedings / criminal cases as being illegal, arbitrary, highhanded, violative of Regulation 32 of the A.P. State Electricity Board Employees Discipline and Appeal Regulations and unconstitutional and consequentially direct the respondents no.2 to 6 herein to release the Annual Grade Increments and Special Promotion Post Scale l-A increments, due to be paid to me from the year 2021 onwards to till date 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 pleased to direct the respondent nos.2 to 6 herein to take steps for release of the Annual Grade Increments and Special Promotion Post Scale l-A increments, due to be paid to me from the year 2021 onwards to till date pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 3 1. The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20250 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent Nos.2 to 6 in withholding the annual grade increments and special promotion post-scale I-A increments from the year 2021 onwards, merely due to the pendency of the disciplinary proceedings/criminal cases filed against the Petitioner, as illegal and arbitrary. 2. The Petitioner was appointed as ‘Trainee Sub-Engineer’ on 01.01.2000 and was subsequently appointed as regular sub-engineer on 01.01.2001. Thereafter, the Petitioner was promoted to the post of Assistant Executive Engineer (AEE), and at present, he is posted to work at Operation Section Sarubujjili, Amadalavalasa Sub-Division, Srikakulam Division and Circle. While so, in the year 2021, a criminal case was registered against the Petitioner by the Anti Corruption Bureau (ACB) authorities vide Cr.No.11/RCT-ACB-VSP/2021, and a charge sheet is yet to be filed in the said crime. 3. The grievance of the Petitioner in the present Writ Petition is that, due to pendency of said crime, he was not paid annual grade increments from the year 2021 to till date, even though representation was given to that effect to the Respondent-Authorities. 5 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. 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. It was further submitted that the Regulation No.32 of A.P.S.E.B service regulations is akin to F.R.24, which is interpreted by the Judgments of this Court referred above. Learned counsel as regards special promotion post scale I-A increments, submitted that, he would work out a remedy within the department and it would suffice, if annual grade increments are sanctioned in the present Writ Petition. 5. Sri V. V. Satish, learned Standing Counsel appearing for Respondent Nos.2 to 6 submitted that the annual grade increments cannot be granted to the Petitioner, as he was involved in a criminal case, which is grave in nature. It was further submitted that the grant of annual grade increments is not warranted to the Petitioner as apparent from a reading of the Regulation No.32 of A.P.S.E.B service regulations. 6. Heard the counsels. 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 6 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 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 paragraphs Nos. 5, 6, and 7 thereof are extracted below:- “It is contended by the Petitioners that in view of the provisions of F.R.24, as the Respondent has not been in active service, there is no method by which his conduct in service be judged. Therefore, he is not entitled to any incremental benefits. In view of the provisions of F.R.24: “F.R.24. An increment shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from a Government Servant by (the State Government), or by any authority to whom the State Government may delegate this power if his conduct has not been good or his work has not been satisfactory. In ordering the withholding of an increment the withholding of an increment the withholding authority shall state the period of which it is withheld, and whether the postponement shall have the effect of postponing future increments”. It is apparent from the rule that an increment shall be drawable by an employee as a matter of course unless it is withheld. An increment may however be withheld on proof of a Government Servant’s unsatisfactory or bad conduct. However, that an order withholding increments shall state the period from which it is withheld and whether the postponement shall have effect of postponing future increments. In any event, an order of withholding of increments constitutes a penalty and requires following the due procedure under the provisions of A.P.C.S. Rules, 1991. It is not the case of the Petitioners that any such procedure was followed or an order withholding the increments of the respondent was passed. In the above circumstances, the assumption of the Petitioners that the respondent is not entitled to the incremental benefits is misconception. We find no error in the order of the Tribunal warranting interference in this Writ Petition”. 8. 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. 7 9. In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increments from the year-2021 to till date, as illegal, and consequently, the Respondents are directed to release the annual grade increments due to the Petitioner from the year-2021 to till date within a period of One (01) month from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 23.07.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 102 WRIT PETITION No.20250 of 2026 Dated:23.07.2026 chs