IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, SUBHENDU SAMANTA, JJ.
Mohammad Shabbir Ahmed, S/o. M.D. Shahinsha - Appellant
Versus
The State Of Andhra Pradesh, Represented By Its Principal Secretary – Respondent
Writ Appeal No. 115 of 2026
Decided On : 06-02-2026
| Table of Content |
|---|
| 1. parties and writ appeal introduction. (Para 1 , 2 , 3) |
| 2. issues regarding the reduction of pay without notice. (Para 4 , 6) |
| 3. proper adjudication necessitates hearing both parties. (Para 5 , 7) |
| 4. dismissal of the writ appeal without costs. (Para 8 , 9 , 10) |
JUDGMENT :
Battu Devanand, J.
This Writ Appeal is filed aggrieved by the order, dated 30.01.2026 passed by the learned Single Judge of this Court in W.P.No.2597 of 2026.
2. Heard Mr K.R.Srinivas, learned counsel for the appellants and Mr Aravala Rama Rao, learned counsel for the respondents. Perused the material available on record.
3. For the sake of convenience, both the parties in this Writ Appeal are referred to as they are arrayed in the Writ Petition.
4. W.P.No.2597 of 2026 is filed seeking to issue a Writ of Mandamus declaring the action of the respondents, particularly the 5th respondent in issuing proceedings/office order No.E1/544(01)/2026-ZWS, dated 20.01.2026, revising and reducing the pay scales of the petitioners without issuing notice and without following due process of law, as illegal, arbitrary, violative of principles of natural justice and contrary to the Notification No.PD-13/2022, dated 20.10.2022 and consequently direct the respondents to allow the petitioners to draw the scale as fixed (Rs.37,640/-, 115500) i.e., earlier to impugned office order, dated 20.01.2026 and pass such other order or orders as this Court may deems fit and proper in the circumstances of the case.
5. The said Writ Petition was listed before the learned Single Judge of this Court on 30.01.2026 and the learned Single Judge directed to list the matter after four (4) weeks for filing counters by the respondents. Against the said order, the present Writ Appeal is filed.
6. Though there is sufficient force in the contention of the learned counsel for the petitioners that the respondents should not reduce the pay of the petitioners without putting them on notice, but, without hearing the other side on that aspect and without knowing the stand of the respondents, this Court cannot decide the issue pending before it. Besides this, as and when monetary issues were involved, it is always appropriate to the Court to hear the contentions of the other side. As such, in our considered view, the learned Single Judge righty posted the matter for filing counters by the respondents for proper adjudication of the case.
7. In view of the same, we do not find any reason to interfere into the order, dated 30.01.2026 passed by the learned Single Judge of this Court in W.P.No.2597 of 2026.
8. Accordingly, the Writ Appeal is dismissed.
9. There shall be no order as to costs.
10. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
The Court reiterated the necessity of adhering to principles of natural justice, emphasizing the requirement to notify parties before making decisions impacting their pay scales.
The court emphasized the need for consistent application of benefits under the Central Civil Services (Revised Pay) Rules, reaffirming entitlements based on prior rulings in similar cases.
The court ruled that no merit existed in the petitioners' claim for upgraded pay scales based on their job classifications.
Adverse administrative actions must comply with principles of natural justice, requiring notice and an opportunity for hearing before any punitive measures are enacted.
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