IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1824 of 1995 Between: 1 Kosangi Ramamurthy S/o.Karuvulu GVV Kendram Tatimanuguda Village, Bhamini Mandal Srikakulam Dist. 2 Kaviti Simhachalam S/o.Appanna GVV Kendram, Kisarajodu Village Seethampeta Mandal, Srikakulam Dist. 3 S.Mallesh S/o.Asiranna GVV Kendram,Uvvajola, Hiramandalam Srikakulam Dist. 4 Peddinti Jeevanrao S/o.Appanna Tribal Welfare Ashram School Marriguda, Hiramandalam, Srikakulam Dist. 5 Dasupuram Nagaiah S/o..Eyendu Tribal Welfare Ashram School Marriguda, Hiramandalam, Srikakulam Dist. 6 Janni Gavaradora S/o.Somandora GVV, Kendram , Naradiguda , Hiramandalam srikakulam Dist 7 Peddinti Simhachalam S/o.Polaiah GVV.Kendram , Neradiguda , Hirammandalam Srikulam Dist 8 K.Nagaiah S/o.Naraiah GVV.Kendram , Bambaduguda ,Seethampeta Mandal Srikulam Dist 9 Metturu Papa rao S/o. Thoudu GVV.Kendram ,Rukmini Guda,Seethampeta Mandal Srikulam Dist 10 K.Neelaiah s/o.Jangam GVV.Kendram ,Chintada,Seethampeta Mandal Srikulam Dist 11 Vadankula Vasanthu S/o.Chandraiah GVV.Kendram ,bellamada,Seethampeta Mandal Srikulam Dist 12 Nimmata Sampatha Rao S/o. Rama Murthy GVV.Kendram ,Bandra gudaSeethampeta Mandal Srikulam Dist 13 Sagaram Umamaheswara Rao S/o. Appanna GVV.Kendram , dettymarriguda Hiramandalam Srikakulam Dist 14 Bommali Rama Rao S/o.Polaiah GVV.Kendram , kurmavalasa Hiramandalam Srikakulam Dist 15 Kudangi Malleswara Rao S/o. bahupani GVV.Kendram , Pakkududadrarsa Hiramandalam Srikakulam Dist 16 Pothaka Malleswara Rao S/o. Bikari GVV.Kendram , Muligoda Bhamini mandal Srikakulam Dist 17 Nimmaka Venkata Ramarao S/o.Pentamdora GVV.Kendram, Pedduru Veeragattam Mandal Srikakulam Dist 18 Kottugummadi Anandu S/o.Appanna GVV.Kendram, Savaradimmidijola Bhamini Mandal Srikakulam Dist ..... PETITIONERS AND 1 The Project Officer, Integrated Tribal Development Agency, Seethampeta, Srikakulam Dist. 2 The Commissioner of Tribal Welfare, Tribal Welfare Department, Govt. of Andhra Pradesh, Masab Tank, 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 may be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent no.1 in recovering the amounts paid on periodical increments by proceedings in RC No.1114/93-F dt.14/9/1994 in pursuance of the letter of the 2nd respondent in DO: RC No:D3/10078/93 dt.25/2/1994 without notice is illegal, arbitrary and violative of article 14, 16 and 21 of the Constitution of India apart from violation of natural justice and further declare that the petitioners are entitled to the increments that are already sanctioned and being enjoyed by the petitioners. Counsel for the Petitioners: MR.M.VIJAY KUMAR Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER: The writ petition is filed seeking writ of Mandamus, to declare the action of the first respondent in seeking to recover some amount, paid to them on account of increments, by proceedings Rc.No.1114/93-F dated 14.09.1994, in pursuance of the circular of the second respondent issued in proceedings DO.Rc.No.D3/10078/93 dated 25.02.1994, without giving opportunity and notice, as illegal and arbitrary. The petitioners are teachers working in various schools run by Integrated Tribal Development Agency. It is stated in the affidavit, filed in support of the writ petition, that they are appointed in single teacher schools, which were established to improve the conditions of the tribals, in notified agency areas. Further, it is the case of the petitioners that they were paid periodical increments as per their entitlement, but all of a sudden the first respondent issued proceedings dated 14.09.1994, to recovery the said increments without issuing any prior notice and opportunity. Though the writ petition is of the year 1995, no counter-affidavit is filed on behalf of the respondents. It is the specific case of the petitioners that whatever increments were earlier paid to them, they were entitled to the same. It is also specifically pleaded in the affidavit that in pursuance of the circular dated 25.02.1994 issued by the first respondent proceedings for recovery are initiated and they were not issued any prior notice before issuing such instructions. In view of the averments in the writ petition, that the petitioners were not given any opportunity and notice before ordering to recover the increments, which were already paid to them, and inasmuch as no counter-affidavit is filed disputing the averments of the writ petitioners, I deem it appropriate to dispose of the writ petition directing the respondents not to recover any increments, which were already paid to the petitioners, without giving any opportunity to them. If any increments or any other amounts are wrongly paid to the petitioners, and if in similar cases recoveries were already effected, the respondents are directed to give notice and opportunity to the petitioners before effecting any recoveries from their salaries. Subject to the above directions, the writ petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J 08.12.2004 DR To 1 The Project Officer, Integrated Tribal Development Agency, Seethampeta, Srikakulam Dist. 2 The Commissioner of Tribal Welfare, Tribal Welfare Department, Govt. of Andhra Pradesh, Masab Tank, Hyderabad. 3 2CCs to Government Pleader for Social Welfare, High Court Buildings, Hyderabad. (OUT) 4 2CD copies.