IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 16829 of 2009 Between: Syed Azharuddin ..... PETITIONER AND The District & Sessions Judge, Nalgonda District, Nalgonda & Another. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 16829 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Petitioner who was appointed as a copyist on 25.2.1984 in the first respondent unit was promoted as Junior Assistant on 27.2.1988 and since then he has been working as such. According to the petitioner, while working as Junior Assistant in the Court of Principal Junior Civil Judge, Miryalguda, he completed 16 years of incremental service and thus entitled to 16 years Special Grade Increment in the post of Junior Assistant and accordingly, he made a representation to the first respondent on 6.4.2009 requesting for grant of 16 years Special Grade Increment as he is eligible to get the same in terms of judgment passed by this Court in W.P.No.11450 of 2005, dated 17.10.2008. The first respondent by order, dated 15.7.2009 returned the representation stating that the petitioner has not passed the required educational qualification in terms of G.O.Ms.No.129, Law (LA&J-Home Courts-D) Department, dated 12.11.2003, and that the judgment of this Court passed in W.P.No.11450 of 2005 is not applicable to his case. The first respondent filed a counter affidavit stating that Government vide G.O. (P) No.241, dated 28.9.2005 in para No.3 of column No.(a)(iii) ordered that: “On completion of 16 years of service which counts for increments, an employee shall be eligible to be placed in the scale of the post next above the post held by him which happens to be the promotion post under the relevant service rules provided he is fully qualified to be promoted to such promotion post and provided also that such a post should belong to the regular line and not outside the regular line. This scale shall be called the Special Promotion post Scale-I.” It is stated that the representation of the petitioner was rejected on the ground that the judgment of this Court in W.P.No.11450 of 2005 was not applicable to his case. However, it is stated that this Court issued a circular in ROC No.725/2009-C1, dated 1.5.2009 directing the Unit heads to follow the guidelines of this Court issued in W.P.No.11450 of 2005, dated 17.10.2008, W.P.No.470 of 2009, dated 20.1.2009, W.P.No.4067 of 2009, dated 2.3.2009 and W.P.No.5072 of 2009, dated 19.3.2009. In view of the circular issued by this Court in ROC No.725/2009- C1, dated 1.5.2009 followed by another circular, dated 12.8.2009 clarifying the legal position, the impugned order passed by the first respondent rejecting the claim of the petitioner for grant of 16 years Special Grade Increment cannot be sustainable and the same is accordingly set aside. The first respondent is directed to grant 16 years Special Grade Increment to the petitioner on completion of 16 years of service. The writ petition is accordingly allowed. No costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) NOVEMBER 25, 2009 TSR