Andhra Pradesh High Court

WP/29467/2024 of K RANGA RAO Vs THE STATE OF AP on 3 February 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29467/2024 Between: 1. K RANGA RAO, S/O LATE LAKSHMANA MURTHY, AGED ABOUT 55 YEARS,

APHC010566872024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE FOURTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 29467/2024

Between:

1. K RANGA RAO, S/O LATE LAKSHMANA MURTHY, AGED

ABOUT 55 YEARS, WARDEN ANDHRA PRADESH PRISONS

DEPARTMENT,

CENTRAL

PRISON,

VISAKHAPATNAM,

VISAKHAPATNAM DISTRICT

...PETITIONER

AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME (PRISONS AND FIRE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. THE DIRECTOR GENERAL, PRISONS AND CORRECTIONAL

SERVICES, MANGALAGIRI, GUNTUR DISTRICT.

3. THE SUPERINTENDENT OF JAILS, PRISONERS AGRICULTURE

COLONY, ANANTHAPURAM, ANANTHAPURAM DISTRICT.

4. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY

FINANCE (FR.II) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

...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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo No.1280867/P and F/A1/2020

dt.21.5.2024 issued by 1st respondent and the consequential memo No.Estt- 4/89/2019 dt.28.6.2024 issued by the 2nd respondent herein as being illegal, arbitrary and based on total non-application of mind and further contrary to the provisions contained in G.O.Ms.No.95 dt.3.4.2012 issued by the 4th respondent herein and by further declaring that the impugned action amounts to infringement of rights guaranteed under Article 14, 16, 21 and 300-A of the Constitution of India and consequently Direct the respondents to grant protection of pay Advance increments of the Writ Petitioner and pass IA NO: 1 OF 2024

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 suspend the operation of the impugned proceedings NO.1280867/Pand F/A1/2020 dt.21.5.2024 issued by 1st respondent and the consequential memo No.Estt-4/89/2019 dt.28.6.2024 issued by the 2nd respondent herein with a direction to reconsider the case of the writ petitioner for protection of pay pending disposal of the above writ petition and to pass IA NO: 1 OF 2025

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 suspend the operation of the impugned proceedings in Memo NO. 1280867/P&F/A1/2020 dated 21.05.2024, issued by the 1st respondent and the consequential Memo No. Estt- 4 /89/2019 dated 28.06.2024 respondent with a direction to reconsider the nd issued by the 2nd representation and case of the writ petitioner to fix the pay and provide for protection of pay as per last pay drawn of the writ petitioner as per Revised 7th Pay Commission or with advance increments as per the 11th PRC of A.P., pending disposal of the W.P.No.29467 of 2024 and pass Counsel for the Petitioner:

1. VELURY RAGHURAM

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following:

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ORDER:

The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the Memo No.1280867/P and F/A1/2020 dt.21.5.2024 issued by 1st respondent and the consequential memo No.Estt-4/89/2019 dt.28.6.2024 issued by the 2nd respondent herein as being illegal, arbitrary and based on total non-application of mind and further contrary to the provisions contained in G.O.Ms.No.95 dt.3.4.2012 issued by the 4th respondent herein and by further declaring that the impugned action amounts to infringement of rights guaranteed under Article 14, 16, 21 and 300-A of the Constitution of India and consequently Direct the respondents to grant protection of pay Advance increments of the Writ Petitioner and pass….”

2. Heard Mr. M.Krishna Rao, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

3. The grievance of the petitioner is that, respondent no.1 has issued a memo on 21.5.2024, without considering the case of the petitioner in terms of G.O.Ms.No.95 dated 03.4.2012. The petitioner initially worked in military service from 25.10.1991 to 31.10.2015 i.e. for more than 24 years and subsequently he was recruited in the State Civil Services under Ex- servicemen quota with effect from 28.10.2018. Accordingly his pay scale was fixed at Rs.16,400/-. The request of the petitioner is that, the petitioner is entitled for revised pay scales as per the protection granted in terms of G.O.Ms.No.95 dated 03.4.2012. Though the petitioner has made a representation/claim, the same has been rejected by respondent no.1 on 21.5.2024 without considering the representation in terms of G.O.Ms.No.95. Hence the Writ Petition.

4. Learned counsel for the petitioner has relied on the orders passed by this Court in identical matters wherein the Court has considered the request of the petitioner and disposed of the matter directing the respondents to examine the claim of the petitioner for pay protection and pay fixation in terms of G.O.Ms.No.95 dated 03.4.2012 within a period of eight (08) weeks.

5. Learned Assistant Government Pleader appearing on behalf of the respondents submitted that the Court may pass appropriate orders.

6. Considering the said submissions and a perusal of the orders of this Court, the matter is remanded to respondent no.1 directing to consider the claim of the petitioner in terms of G.O.Ms.No.95 dated 03.4.2012 and pass appropriate orders. The said exercise shall be completed within a period of two (02) months from the date of receipt of a copy of the order.

7. Accordingly, the Writ Petition is disposed of. No costs.

As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 04.02.2026 RD

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.29467 OF 2024 04.02.2026 RD

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