APHC010426742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23209/2026 Between: 1. K V SAGAR BABU, S/O RAMA RAO AGED ABOUT 60 YEARS, WORKING AS DEPUTY EXECUTIVE OFFICER/DEPUTY COMMISSIONER SRI VARASIDDI VINAYAKA SWAMY VARI DEVASTHANAM KANIPAKAM, CHITTOOR DISTRICT. R/O KANIPAKAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (ENDOWMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA ...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 an appropriate Writ, Order or Direction more particularly inthe nature of Writ of Mandamus 2 declaring the action of the Respondents in not releasing the increments due to the petitioner from the years 2016-2018 and two special grade increments for completion of 6 years and 12 years service in the cadre, on the ground that ACB case and disciplinary proceedings are pending agaisnt him as arbitrary, illegal, in violation of Article 14 and 16 of the Constittution of India, in violation of FR 24 and also in violation of law laid down by this Hon'ble Court, and consequently direct the Respondents to release the increments to the petitioner from 2016-2018 and two special grade increments for completion of 6 years and 12 years service in the cadre, in the light of the law laid down by this Hon'ble Court in W.P.No.4553/2021 dated 24-2- 2021, forthwith 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 increments to the petitioner from 2016-2018 and two special grade increments for completion of 6 years and 12 years service in the cadre, in the light of the law laid down by this Hon'ble Court in W.P.No. 4553/2021 dated 24-2-2021, forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23209 of 2026 O R D E R: 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 2016 to 2018, as illegal and arbitrary. 2. The Petitioner was placed under suspension from 03.09.2016 to 08.11.2018 in connection with an ACB case registered for disproportionate assets in Cr.No.14/RCA-CIU- ACB/2016 under the Prevention of Corruption Act, 1988, on 29.08.2016, while working as Deputy Commissioner in Endowments Department. On 31.10.2018, the suspension of the Petitioner was revoked vide Memo.No.377367/-VIG-IV- (1)/2017, dated 31.10.2018 and now he is working as Deputy Executive Officer/Deputy Commissioner in Sri Varasiddi Vinayaka Swamy Vari Devasthanam, Kanipakam, Chittoor District. 3. The grievance of the Petitioner in the present Writ Petition is that the Petitioner was not paid annual grade 4 increments during the period of suspension i.e., from 2016- 2018 even though representations were given to that effect to the Respondent Authorities. 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.No. 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. 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 both the counsel. 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. The Andhra Pradesh Administrative 5 Tribunal had directed that the subsistence 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 Paragraph 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 6 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”. 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 from 2016 to 2018 as illegal, and consequently, the Respondents are directed to release the annual grade increments due to the Petitioner for the years from 2016 to 2018 within a period of One (01) month from the 7 date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 14.08.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 22 WRIT PETITION NO: 23209/2026 Dt. 14.08.2026 chs