(Prayer: 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 tomay be pleased to issue 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 from the year 2017, 2018 and 2019 (3 years) 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 from the year 2017, 2018 and 2019 (3 years) in terms of the orders of this Honble Court in W.P.No. 33928 of 2025 dated 05.12.2025 and pass such

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 direct the respondents to release the annual grade increments from the year 2017, 2018 & 2019 (3 years) in pursuance of the orders of this Hon’ble Court in W.P.No. 33928 of 2025 dated 05.12.2025 pending disposal of the above writ petition and pass)

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 i.e., 2017, 2018 and 2019, as illegal and arbitrary.

2. The Petitioner was placed under suspension with effect from 22.10.2016 to 22.07.2019 in connection with an ACB case registered for disproportionate assets in Cr.No.15/RCA-CIU- ACB/2016 dated 22.10.2016 for the offenses punishable under Sections 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, while working as Motor Vehicles Inspector (MVI). Presently, Petitioner is working as Deputy Transport Commissioner, Visakhapatnam.

3. The grievance of the Petitioner in the present Writ Petition is that the Petitioner was not paid annual grade increments during the period of suspension i.e., 2017, 2018 and 2019, 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 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”.

                  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 i.e., 2017, 2018 and 2019 as illegal, and consequently, the Respondents are directed to release the annual grade increments due to the Petitioner for the years i.e., 2017, 2018 and 2019 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, the miscellaneous petitions, if any, pending in this Petition shall stand closed.