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2021 Supreme(AP) 898

ARUP KUMAR GOSWAMI, NINALA JAYASURYA
State of Andhra Pradesh, Rep. , by its Principal Secretary, School Education Department – Appellant
Versus
S. Peraiah, S/o. Late Venkaiah – Respondent


Advocates Appeared:
For the Appellant : K. Bheema Rao, GP.
For the Respondents: Poodattu Amarender.

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. K. Bheema Rao, learned Government Pleader for Services III appearing for the appellants. Also heard Mr. Poodattu Amarender, learned counsel appearing for the respondent/writ petitioner.

2. This writ appeal is directed against the judgment and order dated 21.07.2020 passed by the learned single Judge in W.P. No. 7647 of 2020.

3. The writ petition was filed praying for a writ of Mandamus to direct the respondents (hereinafter referred to as 'appellants') to enhance the subsistence allowance at the rate of 75% of pay from 28.04.2019 onwards in terms of Fundamental Rule 53, to release the arrears and to continue to pay the same at that rate.

4. The case of the writ petitioner is that he was appointed as Junior Assistant on 11.01.1999 in the office of the Deputy Educational Officer, Purchur and was promoted as Senior Assistant in the year 2013. While he was working as such, he was sent to judicial custody for more than 48 hours in connection with CR. No. 01/RCT-OGL/2019 on the allegation that he had demanded bribe amount of Rs. 60,000/- from the complainant for processing the file pertaining to St. Arnold's English Medium High School, Medaramett

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