Allowed

Ch. Venkateswara Rao v. The State of Andhra Pradesh

Andhra Pradesh HC15 Sept 2026WP/26482/2026

Case brief

AI extract

What is this about?

The petitioner, a Senior Assistant, was suspended in 2016 in connection with an ACB case and reinstated in 2019. The respondents withheld his annual grade increments for 2017, 2018, and 2019 during the suspension period. The petitioner challenged this action under Article 226, relying on a Division Bench judgment (W.P. No. 6617/2004) and subsequent decisions holding that increments cannot be withheld without a specific order under F.R.24. The Court allowed the petition, declaring the withholding of increments unsustainable and directing their release within three months.

What did the court decide?

The respondents are directed to release the annual grade increments due to the petitioner for the years 2017, 2018, and 2019 within a period of three months from the date of receipt of a copy of the order.

Ch. Venkateswara Rao Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2026)

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Date of reserved for orders : Date of pronouncement : Date of uploading :

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APHC010486692026

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IN THE HIGH COURT OF ANDHRA PRADESH [3460] AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE 16^th DAY OF SEPTEMBER 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 26482/2026

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Between:

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CH. VENKATESWARA RAO, S/O. VEERASWAMY AGED 60 YEARS OCC SENIOR ASSISTANT MEDICAL AND HEALTH M AND H SUB DIVISION R AND B DEPARTMENT GUNTUR GUNTUR DISTRICT522002.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TRANSPORT ROADS AND BUILDING DEPARTMENT SECRETARIAT VELAGAPUDI GUNTUR DISTRICT522238.

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THE ENGINEER INCHIEF R AND B, M.G. ROAD LABBIPET VIJAYAWADA NTR DISTRICT520010.

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THE SUPERINTENDENT ENGINEER, R AND B CIRCLE GUNTUR GUNTUR DISTRICT522002

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...RESPONDENT(S):

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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 writ of mandamus declaring the action of the respondents not releasing the Annual Grade Increments from the year 2017 2018 and 2019 Three years to the petitioner on the ground that during the period the petitioner was placed under suspension 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 Three years in terms of the orders of this Honble Court in W.P.No. 9228 of 2021 dated 13.07.2021 and W.P.No. 36534 of 2025 dated 31.12.2025 and pass

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IA NO: 1 OF 2026

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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 respondents to release the Annual Grade Increments from the year 2017, 2018 & 2019 (Three years) in pursuance of the orders of this Hon'ble Court in W.P.No. 9228 of 2021 dated 13.07.2021 & W.P.No. 36534 of 2025 dated 31.12.2025 pending disposal of the above writ petition and pass

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Counsel for the Petitioner:

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1.T S N SUDHAKAR

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Counsel for the Respondent(S):

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1.GP FOR SERVICES II

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The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.26482 of 2026

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O R DE R:

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The present Writ Petition is filed questioning the action of

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the Respondents in not releasing the annual grade increments due to the Petitioner for the years 2017, 2018 and 2019 as illegal and arbitrary.

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The Petitioner was appointed as Junior Assistant in the year 1990 and was promoted as Senior Assistant in the year 2011. While he working as Senior Assistant, he was placed under suspension on 01.07.2016 in connection with an ACB case registered for disproportionate assets in FIR No.03/RCA-ACBGNT/2016 for the offenses punishable under Sections 13 (2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, on 21.01.2016. Pending investigation, the suspension of the Petitioner was revoked and reinstated into service on 19.09.2019.

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The grievance of the Petitioner is that the Petitioner was not paid annual grade increments during the period of suspension i.e., for the years 2017, 2018 and 2019 even though

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representations were given to that effect to the Respondent Authorities.

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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 and 30863 of 2025. 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.

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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.

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Heard T.S.N.Sudhakar, learned counsel for the Petitioner and learned Government Pleader for Services.

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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. In the said case, the Andhra Pradesh Administrative Tribunal had directed that the subsisting allowance be paid after

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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 said judgment was followed in series of judgments of this Court in W.P.Nos. 9228 of 2021, 4553 of 2021, 18004 of 2022 and 30863 of 2025 to quote a few.

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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 unsustainable 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 three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, pending applications, if any, shall stand closed.

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NYAPATHY VIJAY, J

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Date: 16.09.2026 KLP

Ch. Venkateswara Rao v. The State of Andhra Pradesh

Case brief

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Ch. Venkateswara Rao v. The State of Andhra Pradesh

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