High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or direction in the nature of Mandamus, declaring the action of the respondents in not releasing and paying the annual grade increments of the petitioner due from 1.12.2018 to till this date and not granting special promotion scale after completion of 12 years in the post of Panel Grade Head Master Grade ll from 2024 onwards and not fixing the pay under 2020 PRC w.e.f . 1.7 .2018 as per Government orders in G.O.Ms.No.S1 Finance d1.11.6.2021 as illegal, arbitrary and violates Article 14, 16, and 21 of Constitution of lndia and consequently declare that petitioner is entitled for all the above benefits with interest @ 14 percentage p.a. from the date of due to the date of realization with all consequential and attendant benefits. lA NO: 1 OF 20?5 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 issue an interim direction directing the respondents to forthwith release and pay the annual grade increments due from 1.12.2018 and special promotion scale after completion of 12 years in the post of Panel Grade Head Master Grade-ll from 2024 and fixation under 2020 Revised Pay Scale w.e.f.. 1.7.2018 duly considering his representations dt. 6.12.2019, 8.12.2020, 9.12.2021 , 24.3.2025, 10.2.2022, 8.2.2022,24.1O 2024 and 22.1.2025 pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI P.V.RAMANA Counsel for the Respondents: M/s. SWATHI, AGP FOR SERVICES lll The Court made the following: ORDER / THE HONOUR,ABLE SRI ] U STICE NAGESH BHE EMAPAKA WRIT PETITION NO.12767 OF 2025 ORDER: The petitioner was appointed as a Physiqal Education Teacher (PET) in the year 1998, and thereafter obtained promotions, and, as of 2012, he was promoted as PGHM. It is his case that his annual increments fall on 1't December every year. Thereafter, the petitioner was kept under suspension based on a news article published in the Sakshi Daily newspaper on 05.10.2015 with regard to the misappropriation of rice in the school. The petitioner was placed under suspension vide proceedings dated 06.10.2015. Thereafter. the petitioner approached the Administrative Tribunal by filing O.A.No.6980 of 2015, and the Tribunal passed interim orders in favour of the petitioner, suspending the suspension order dated 06.10.2015. Subsequently, respondent No.6 - Deputy Director, issued a charge memo dated 12.11.2015 with two charges: one relating to improper maintenance of the Stock and Issue Register of rice, and the other alleging mala fide intention of selling rice in the black market. It is further the case of the petitioner that, as on today, 2. there are no further proceedings either imposing a penalty or dropping the charges. The six-year special promotion scale under the relevant Government Order (G.O.) was released to him, and his I I I I l ,, ]l r 2 pay was fixed at Rs.37,100/_. However, his regular annual grade increments, which are due on 1"t December of every year, have not been released, and even the 12_year special promotion scale has also not been released.

3. Heard Mr. p.V. Ramana, learned counsel for the petitioner, and Ms. Swathi, learned Assistant Government pleader for Services_Ill, appearing For the respondents. perused the record. 4. Learned counsel for the petitioner made submissions on the lines of the writ affidavit and contends that the respondent authorities have no power to withhord regurar increments or withhord the special promotion scale on the ground of pendency of disciplinary proceedings. He contends that suspension is not a bar to the grant of regular increments, and this view has been supported by a catena of judgments by the Courts.

5. Having considered the respective submissions and perusal of the record, it may be noted that during the period of Suspension, the petitioner is entifled to subsistence allowance. Once the suspension is revoked and the petitioner is performing duties, he is enti ed to benefits of service rendered, unless such benefits are curtailed under the 6ules/reg ulations governing the service of the petitioner or by the orders of the Court. In the instant case, the order passed by the Tribunal dated 30.12.201S does not disclose ) a any direction with regard to non-granting of increments after reinstating the petitioner into service. Further, there is no material placed before the Court to show that the competent authority has passed an order regarding stoppage of increments on the ground of pendency of the disciplinary case. In the absen-ce of a specific order directing stoppage of increments from 2018 onwards, this Court is of the view that the impugned stoppage of increments since 2018 and the non-release of the special grade promotion scale after 12 years of service is unjustified.

6. In that view of the matter, the respondents are directed to release the increments due and payable to the petitioner, strictly as per the ru les/reg u latio ns governlng the petitioner's service, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that the monetary/service benefits granted to the petitioner during the pendency of disciplinary proceedings shall be subject to the outcome of the disciplinary proceedings. 7, Accordingly, this Writ Petition is disposed of . There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- P. PADMANABHA REDDY DEPUry REGISTRAR /rt, SECTION OFFICER

1. The Principal Secretary, Tribal Welfare Dept. Dr.B.R.Ambedkar Telangana Secretariat, Hyderabad, State of Telangana.

2. The Project Officer, lntegrated Tribal Development Authority Eturunagaram, Mulugu District.

3. The Commissioner of Tribal Welfare, D.S.S.Bhavan, lt/tasab Tank Hyderabad 4. The District Tribal Development Officer, Eturunagaram, Mulugu Dist. 5. The Districi Tribal Develonment Officer .lananaon and Hanmrknnda i ' : \ To / 0 7 o B flf*s.":ffi stfA},[ilqffi *,,r#i:ff:ara I)/,:e:1b1d [OUT] lp["" ""''" PSK. P tttetttoUr"tlortheStateofTetangana,at m Mu ugu D s, / t HIGH COURT DATED:2510412025 ORDER WP.No.12767 of 2025 I r c o , 1(4 ti\ .$' \s .3 s) Sili + I i I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ \,t 7 6+.,r