Andhra Pradesh High Court
WP/29876/2026 of Dayam. Bhaskara Kumar, Vs THE STATE OF ANDHRA PRADESH on 12 October 2026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 13 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29876 OF 2026 Between: 1. Dayam. Bhaskara Kumar,, S/o. Joseph (Late), Aged 62 years, Occ Office Superintendent, (Retired) 0/0. District Medical
APHC010548272026
IN THE
TUESDAY,
THE HONOURA
WRIT P
Between:
1. Dayam. Bhaskara Kuma
Superintendent, (Retired
Srikakulam, Srikakulam Dis
1. THE STATE OF ANDH
Health, Medical and Fami
Guntur District. 522238
2. The Director of Public
Chuttukunta, Eluru Road, V
3.
The
Regional
Direc
Visakhapatnam-530013
4. The District Medical and
Petition under Article
circumstances stated in th
pleased toissue a writ, orde
Writ of Mandamus, declarin
HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THE 13th DAY OF OCTOBER 2026
PRESENT
ABLE SRI JUSTICE NYAPATHY VIJAY
PETITION NO: 29876 OF 2026
ar,, S/o. Joseph (Late), Aged 62 years,
d) 0/0. District Medical and Heal
strict.
..
AND
HRA PRADESH, Rep by its Principal
ly Welfare Department, Secretariat, V
Health and Family Welfare, BSNL Bha
Vijayawada, Krishna District-521225
ctor
Medical
and
Health
Services
Health Officer, Srikakulam District. 5320
...Re
226 of the Constitution of India praying e affidavit filed therewith, the High Co er or direction more particularly one in th ng the action of the respondents not re H
Y
Occ Office
th Officer,
..Petitioner
Secretary,
Velagapudi,
avan, Opp.
s,
Zone-I, spondents
g that in the
urt may be
he nature of
eleasing the
Annual Grade Increments from the year 2017, 2018, 2019, 2020 and 2021
(05 years) as highly illegal, arbitrary, unjust, improper, violative of the provisions of Fundamental Rules and contrary to the orders of this Hon'ble 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, 2019, 2020 and 2021 (05 years) in terms of the orders of this Hon'ble Court in W P.No. 9228 of 2021 dated 13.07.2021 and W.P.No.36534 of 2025 dated 31.12.2025
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 Annual Grade Increments from the year 2017, 2018, 2019, 2020 & 2021 (05 years) in pursuance of the orders of this Hon'ble Court in W.P.No. 9228 of 2021 dated 13.07.2021 and W.P.No.36534
of 2025 dated 31.12.2025 pending disposal of the above writ petition Counsel for the Petitioner: BALA RAMESH YALAVARTHI
Counsel for the Respondents: GP FOR SERVICES I
The Court made the following order:
Whether the order is :
THE HON’BLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 29876 OF 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
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 2017 to 2021 and to declare the same as illegal and arbitrary.
2. The Petitioner was initially appointed as Typist in the year 1986. Thereafter, he was retired from service on attaining the age of superannuation on 31.01.2026. While the Petitioner was working as Office Superintendent at Andhra Medical College, Visakhapatnam District, he was placed under suspension vide Progs.Rc.No.449/B1/2017, dated 05.05.2017 in connection with an ACB case registered for disproportionate assets in FIR.No.10/RCA- ACB/VSP/2017, dated 25.04.2017 for the offenses punishable under Sections 13(2)(e) R/w 13(1)(e) of the Prevention of Corruption Act, 1988. On 24.03.2021, the suspension of the Petitioner was revoked vide Rc.no.449/B1/2017 dated 07.04.2021, Regional Director of Medical and Health Services, Visakhapatnam. As annual increments were not sanctioned for the years 2017 to 2021, the present Writ Petition is filed.
3. Learned counsel for the Petitioner relied upon Order passed by the Division Bench of this Court in W.P. No. 6617 of 2004, dated 04.11.2004 and similar Orders passed by this Court in W.P.No.9228 of 2021, dated 13.07.2021, W.P.No.4553 of 2021, dated 24.02.2021 and W.P.No.15504 of 2009, dated 16.04.2015 and W.P.No.36534 of 2025, dated 31.12.2025. 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.
4. Learned Assistant Government Pleader appearing for the Respondents would submit that the representation of the Petitioner for the purpose as sought would be considered by the Respondent-authorities and an appropriate decision would be taken.
5. Heard both the counsel.
6. The Division Bench of this Court in W.P.No.6617 of 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 F.R.24, held that unless an order of withholding increments is passed, the same cannot be withheld.
7. 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
2017 to 2021 as illegal, and consequently, the Respondent-authorities are directed to release the annual grade increments due to the Petitioner for the years 2017 to 2021 within a period of one (01) month from the date of receipt of a copy of this order.
9. 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: 13.10.2026 KKV
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.29876 of 2026 Date: 13.10.2026
KKV
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE: WRIT PETITION No.29876 of 2026
PROCEEDING SHEET Sl. No DATE
ORDER
Office Note
01. 13.10.2026 VN, J
The Writ Petition is allowed. (vide separate order)
b/o
KKV