An employee reinstated after suspension is entitled to the release of annual grade increments due during the suspension period if no charges were framed, based on the principle of parity with similar decided cases.

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 an appropriate order, writ or direction, more particularly one in the nature of writ of Mandamus, declaring the action of respondents in not releasing the annual grade increments which are due to the petitioner for the year 2019, 2020 and 2021 and making inordinate delay in releasing increments inspite of the intimation given to the petitioner vide proceedings Procdgs.Roc.No.700/2022/MI 28.10.2022 as illegal and violation of 14,16 21 of the Constitution and also violative of principles of natural justice and dated of India consequently direct the respondents to release the annual grade increments i.e., 2019, 2020 2021 which are due to the petitioner with all consequential service and monetary benefits in accordance with rules respectively in terms of the judgment of pass such other orders.

IA NO: 1 OF 2026

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 to direct the respondents to consider the case of the petitioner for releasing the annual grade increments due on 2019, 2020 & 2021 respectively in terms of the Judgment of this Hon’ble Court in W.P. No. 9228 of 2021 and release the increments, in the interest of justice and pass

Counsel for the Petitioner:

1. S SIVA KUMARI

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following Order:

ORDER:-

1. This Writ Petition is filed questioning the action of the Respondents in not releasing the annual grade increments which are due to the Petitioner for the year 2019, 2020 and 2021 as illegal and arbitrary.

2. The case of the Petitioner is that while he was working as Additional Chief Urban Planner, VUDA, Visakhapatnam, he was placed under suspension from 30.01.2018 to 19.01.2021 in connection with ACB case on the allegation of acquisition of disproportionate assets in Cr.No.02/RCA.ACB/VJA/2018 for the offence punishable under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988, because of which, the Petitioner was denied the annual grade increments payable to him. Pending investigation, the suspension was revoked vide G.O.Rt.No.5, dated 19.01.2021.

3. Thereafter he was reinstated into service and posted as Joint Director, Town Planning Department in Metropolitan Region Development Authority, Vijayawada on 20.01.2021 and at present the Petitioner is working as a City Planner, Municipal Corporation, Kurnool. Since no charges were framed against the Petitioner in ACB Case and also that he was reinstated into service on 20.01.2021, he made a representation to the Director of Town and Country Planning, Mangalagiri to sanction the annual grade increments, which were due for the years 2019, 2020 and 2021 i.e during the suspension period. As the same was not considered by the Respondent, the present Writ Petition came to be filed.

4. During the course of arguments, learned counsel for the Petitioner would submit that under similar circumstances, the coordinate bench of this Court has disposed of a Writ Petition, vide W.P.No. 25833 of 2024 , dated 11.03.2026, wherein this Court directed the Respondents to release the annual grade increments to the Petitioner therein and as the facts of the same is squarely applicable to the facts of the present case and requested to dispose of this writ petition in terms of W.P.No. 25833 of 2024 , dated 11.03.2026, which was not denie