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2022 Supreme(Online)(AP) 492

2022:APHC:19925 THE SRI JUSTICE RAVI NATH TILHARI HON’BLE WRIT PETITION No. 20816 of 2019

JUDGMENT:

Heard Sri K. Anantha Rao, learned counsel for the petitioners and learned AGP for Home.

2. The petitioners were appointed as police constables in East Godavari District between the years 1965 to 1972 and have retired from service between 2005 to 2010. Their grievance is that the police constables appointed after the petitioners from the year 1974 onwards were given increments right from the date of their first appointment and were drawing more pay while in service and more pension after their retirement.

3. Learned counsel for the petitioners submitted that some constables of Nellore District had approached the A.P. Administrative Tribunal (in short ‘Tribunal’) raising such grievance in different O.As which were allowed by granting increments from the date of their respective initial appointments. The decision of the Tribunal was confirmed in W.P.No. 6208 of 2000 and W.P.No. 406 of 2000, vide order dated 24.07.2000. Consequently, the Government issued G.O.Ms.No. 280, Home (Police-D) Department, dated 13.12.2001, giving the benefits to the petitioners of different O.As fixing their pay with increments right from the date of their respective appointments. Claiming similar benefits, several other O.As were filed before the Tribunal in which some of the petitioners also approached, the Tribunal directed the State respondents to consider their cases to extend the benefits of the judgment of this Court passed in W.P.No. 406 of 2000 and W.P.No. 6208 of 2000 as also the G.O.Ms.No. 280, Home (Police-D) Department, dated 13.12.2001. Learned counsel for the petitioners further submits that many of the petitioners could not approach the Tribunal, and in the cases of those petitioners who had approached the Tribunal, the respondents did not pass any order giving benefit of G.O.Ms.No. 208, dated 13.12.2001. Consequently, some of the petitioners also filed contempt petition before the Tribunal.

4. Learned counsel for the petitioners further submits that the petitioners made various representations whereupon the 2nd respondent- the Director General & Inspector General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District issued a memorandum vide Rc.No.304/E-1/2008, dated 29.08.2019, requesting all the unit officers to examine and act upon the representation submitted by the retired Police Officers Association as per rules and furnish compliance by 01.10.2019 without fail.

5. The memorandum dated 29.08.2019, annexed being P-1 is reproduced as under:

“Office of the Director General of Police Andhra Pradesh, Mangalagiri Rc.No.304/E-1/2018 Date: 29.08.2019 MEMORANDUM Sub: Police Dept. – Grievances of retired Police Officers Association –

Reg.

Ref: 1) Representation dated 04.04.2018 of the retired Police Officers Association.

2) Representation dated 04.04.2018 of the retired Police Officers Association.

3) C.O.Memo Rc.No.304/E1/2018, dated 04.07.2018 &

20.09.2018

4) Representation dated 16.08.2019 of the retired Police Officers Association.

******

A copy of the reference 4th cited is sent herewith.

2. The retired Police Officers Association has submitted the following grievances for their redressal:

a) To solve the issue regarding release of weightage increments as per G.O.Ms.No.173 Finance (PC) Dept., dt.13.06.1969 and G.O.Ms.No.105 Finance (PC) Dept., 13.04.1970, due to dual mistakes committed by audit party. They suffered heavy financial loss as the DPO / Unit Officers ordered recovery of excess amount and requested to issue instructions to all DPOs/Units in the State of AP to refix the scales of pay of Police Constables and Sis – recruits between

1969 and 1975.

b) To solve the issue regarding release of weightage increment as per 1978 PRC.

c) The period of training was not counted for probation, pension, increments etc. as per G.O.Ms.No.128, Finance & Planning (PRC-III) Dept., dt: 20.03.1976.

d) Automatic advancement scheme counting of Training and Probation period for Special Grade (SG) / Special Promotion post Scales I & II. The Governmen

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