IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9307 of 2008 Between: M. Kiran Manohar, S/o. Elijah, Working in III Additional District and Sessions Court, Warangal District. ..... PETITIONER AND 1 The District and Sessions Judge, Warangal. 2 The III Additional District and Sessions Judge, Warangal. 3 The Accountant General, Office of the Account General of Andhra Pradesh at Hyderabad. 4 The District Treasury Officer, Warangal District. 5 The Government of Andhra Pradesh, Finance (PC-1), Department, Rep. by its Secretary to Government (F.P), Secrtariat, Hyderabad. .....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 Writ of Certiorari or any other appropriate Writ or Proceedings to quash the proceedings of Respondent No.1 Vide DC- WGL/AUDIT/DIS No. 2293 dated 16-03-2007 to discontinue the drawl of the incentives to the petitioner forthwith and further directing to recover the entire amount drawn by the Petitioner at @ 80/- per month for a period of 99 months is arbitrary, illegal and violative of the Fundamental Rights guaranteed under Article 14 and 21 of the Constitution of India a n d consquently direct the respondents to withdraw the said proceedings passed in DC-WGL/AUDIT/DIS No. 2293 dated 16-03- 2007 Counsel for the Petitioner: MR.A.RAMAKRISHNA REDDY Counsel for the Respondents: MR.D.V.SITARAMAMURTHY The Court made the following order: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.9307 of 2008 ORDER: (Per VVSRJ) The petitioner is working as Junior Assistant in the Court of III Additional District and Sessions Court, Warangal. He filed instant writ petition assailing the proceedings of first respondent, namely, the District and Sessions, Warangal, dated 16.03.2007, whereby and whereunder purporting to follow the High Court instructions vide their letter dated 09.03.2007, learned District Judge ordered to recover the amount drawn by the petitioner which was granted as incentive for acquiring the additional qualification. The petitioner joined the Andhra Pradesh Judicial Ministerial Services in 1998. At that time he was a graduate and subsequently he acquired Post Graduate qualification. Therefore, first respondent by proceedings dated 17.10.2000 sanctioned advance increments as per relevant Government orders. Subsequently the Government issued yet another order restricting the grant of such incentive only to such of those Judicial Ministerial employees who acquired law degree as additional qualification. Therefore, the impugned order was issued. This Court heard the learned counsel for the petitioner and the learned standing counsel for respondent Nos.1 and 2. 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 increment to the petitioner from 01.10.1998 till March, 2007 shall not be recovered. It shall be treated as non-pensionable personal pay of the petitioner. No costs. _____________ (V.V.S.RAO, J) 30th April, 2008 _______________ (C.V. RAMULU, J) GHN To 1 The District and Sessions Judge, Warangal. 2 The III Additional District and Sessions Judge, Warangal. 3 The Accountant General, Office of the Account General of Andhra Pradesh at Hyderabad. 4 The District Treasury Officer, Warangal District. 5 The Government of Andhra Pradesh, Finance (PC-1), Department, Rep. by its Secretary to Government (F.P), Secrtariat, Hyderabad. 7. 2CD copies Form-NIC-OGS/WP{SPJS}