A party must be notified prior to adverse actions affecting their interests to comply with natural justice, specifically the audi alteram partem rule.

ORDER :

(SUREPALLI NANDA, J.)

Heard Sri M. Krupakar, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent No.1 and Sri S. Bhoopal Reddy, learned Standing Counsel for Telangana Social Welfare Residential Educational Institutions Society, appearing on behalf of respondent Nos.2 and 3.

2. The petitioner approached the Court seeking prayer as under :

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2^nd Respondent in issuing Proceedings Rc. No. Zone VI/ SGP/SGP/9/2021 dated 8.9.2022 recovering two annul grade increments for 14 years from 2007 to 2022 duly regulating the pay scale and not sanctioning the special grade increments 6 years and 12 years under automatic advancement scheme and the action of the 3^rd respondent not sanctioning the annual grade increment which is due w.e.f. 1.10.2022 is illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release and pay annual grade increment which is due w.e.f. 1.10.2022 and 6 years and 12 years special grade increment under Automatic Advancement Scheme and to pass...”.

3. The case of the petitioner, in brief, is that the petitioner had applied for the post of Art Teacher. The 2^nd respondent had issued appointment order, dated 26.06.1997 to the petitioner on contract basis. The then Government of Andhra Pradesh had issued G.O.Ms.No.59 dated 10.08.2007 for regularization of services of the contract teachers working in APSWREI Society and accordingly the services of the petitioner were regularized and petitioner was drawing regular increment for 14 years. As per G.O.Ms.No.38, dated 15.04.2015 the petitioner is entitled to Special Grade increment for 6 years and 12 years.

3 (i). The petitioner’s further case is that though he completed 15 years of service, petitioner had not been granted SPP IA and SPP IB 6 years and 12 years special grade increment under automatic advancement scheme as per G.O.Ms.No.39, dated 15.4.2015. The respondent No.2 to the shock of the petitioner had issued proceedings dated 08.09.2022 to the petitioner informing that petitioner’s regularization had taken place w.e.f. 29.12.2009, but petitioner was sanctioned increments with effect from the date of initial appointment i.e., 01.10.2007 and therefore excess amount paid to the petitioner had to be recovered from the petitioner. The petitioner made a representation dated 6.10.2022 to the 2^nd respondent. The 3^rd respondent failed to grant annual grade increments which are due w.e.f. 1.10.2022 contrary to law. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD

A. The impugned Memo vide Rc.No.Zone6/SGP/SGP/9/2021, dated 08.09.2022 issued to the petitioner is extracted hereunder

“In the reference cited the Principal TSWRS/JC Narayankhed, Sangareddy District has submitted the proposal of Sri N. Yellaiah, Art Teacher for sanction of sanction of SGP & SPP-1 (A) scale on completion of 12 years incremental service. The proposal is verified and found that the individual was appointed as (Art) on 01.10.2007. His services were regularized w.e.f. 29.12.2009 i.e. the date of acquiring of qualifications to hold the post of TGT. He is eligible for sanction of annual grade increment on completion of required service to earn the increment from the date of acquisition of qualifications, in terms of Rule 10(g) of State and subordinate service rules 1996. But, he was sanctioned increments from the date of initial appointment, which found to be incorrect and his pay needs to be regula