IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.19230 of 2006 Between: 1 K.Rama Rao S/o.Narasimha Rao III Addl.Munsif Magistrate`s court, Ongole, Prakasam District 2 A.V.Subba Rao S/o.Yanadi setty District Court, Ongole, Prakasam District 3 N.Srinivasu S/o.vijayasaradhi Excise court, Ongole, Prakasam District 4 V.Subba Rao S/o.S.Lakshmaiah District Legal Services Authority, Ongole Prakasam District 5 U.V.Narayana S/o.Ramachandrachari Special Court under SCs & STs (POA) Act, Ongole, Prakasam Distrcit 6 G.Sambasiva Rao S/o.G.Mahalakshmi Prl.Junior Civil Judge`s court, Parchur Prakasam District 7 M.Anka Babu S/o.Rama Murthy Addl.Senior civil Judge`s Court, Ongole Prakasam District 8 P.Venugopal S/o.Kesava Rao Junior Civil Judge`s Court, Markapur, Prakasam District 9 V.S.Rama Rao S/o.Venkateswarlu Senior Civil Judge`s Court, Parchur, Prakasam District .... PETITIONERS AND 1 The District Judge, Ongole 2 The District Treasury Officer, Ongole .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari calling for all the connected records including the impugned proceedings of the 1st respondent dated 31.7.2006 and the proceedings of 2nd respondent in Rc.No.C2/2006/ dated 22.7.2006 and quash the same as illegal, improper unjust arbitrary, and violative of principles of natural justice and further direct the respondent to continue to pay the said advance increments to the petitioners without any recovery. Counsel for the Petitioners: MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondents: SMT.M.BHASKARA LAKSHMI (SC FOR APHC) The Court made the following order: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.19230 of 2006 ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The petitioners who are nine in number are working as Junior Assistant or Senior Assistants or Typist or Superintendent in Andhra Pradesh Judicial Ministerial Service in the unit of the District Judge, Ongole, first respondent herein. All of them while in service acquired law degree. Therefore, in accordance with the Government orders, then in vogue, namely, G.O.Ms.Nos.142 dated 03.04.1996, 147 dated 20.10.2000 and 180 dated 05.12.2000, first respondent accorded sanction of two advanced increments to them. Since then they have been drawing the same. However, in the month of July, 2006, the bills sent by first respondent were not accepted by the District Treasury Officer (DTO), Ongole. Therefore, first respondent issued proceedings dated 31.07.2006 requesting the Presiding Officers of various Courts to recover the amounts in instalments which were paid to the petitioners towards advanced increments. Hence, they filed instant writ petition assailing the communication of DTO, Ongole, as well as the proceedings dated 31.07.2006 issued by first respondent. This Court has heard the learned counsel for the petitioners and the learned Government Pleader for Finance and Planning. It is brought to the notice of this Court that a Division Bench of this Court considered similar matter in W.P.No.11808 of 2006, which was dismissed on 18.11.2006. In said writ petition, while upholding the withdrawal of incentive awarded for additional qualification, this Court however, directed that amount paid by way of advance increments shall not be recovered from the petitioners therein. Following the above decision, we dismiss this writ petition observing that the amount paid towards advance increments to the petitioners shall not be recovered. It shall be treated as non- pensionable personal pay of the petitioners. No costs. _____________ V.V.S.RAO, J 23rd July, 2008 __________________ G. CHANDRAIAH, J GHN To 1 The District Judge, Ongole 2 The District Treasury Officer, Ongole 3 One CC to GP for Finance and Planning. 4. Two CD copies. Form-NIC-OGS/WP{KURR}