THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.15717 OF 2000 14.09.2011 Between: The Superintendent of Police, Krishna District at Machilipatnam And another. …. Petitioners AND Y.Potha Raju … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.15717 OF 2000 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The writ petition is filed by the Superintendent of Police and another against the order dated 24.06.1999 in O.A.No.6345 of 1994 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby and whereunder the original application filed by the sole respondent was allowed directing the petitioners herein (hereafter called, the respondents) to refund the amount recovered from him within three months from the date of the said order. The respondent joined in Police Department as constable in 1955. In 1981, after completing fifteen years, he was given the benefit of Special Grade as per the Government Orders in G.O.Ms.No.117, Finance and Planning Department, dated 25.05.1981. A decade thereafter, he was promoted to the post of Head Constable in 1993, which he declined. Therefore, the first respondent recovered Rs.755/- from his salary and directed to recover the balance amount paid to him towards ‘Special Grade’ in thirteen instalments. The said order was assailed seeking a direction of refund. The respondents did not file any counter. Therefore, by impugned order, learned Tribunal allowed the original application observing that, “the respondent was promoted to draw the increments from 1981 and he cannot be asked to refund the amount merely because he refused subsequent promotion as Head Constable”. We have heard the Government Pleader for Services-I who would contend that when the petitioner rejected promotion in 1993, he is not entitled to ‘Special Grade’ scale under G.O.Ms.No.117, dated 25.05.1981. We are afraid we cannot accept the submission. The appendix to G.O.Ms.No.117 contains the Scheme for Creation of Special Grades, Special Temporary Promotion Posts/Special Adhoc Promotion Posts. Paragraph ‘A’ of Part I deals with Special Grade Posts - Higher Scale after ten years of service. Clause (i) thereof is to the effect that every employee after ten years shall be eligible for next higher scale in Schedule I to Andhra Pradesh Revised Scales of Pay Rules, 1991. Part I paragraph (B) deals with Special Temporary Promotion Posts – Promotion after fifteen years of service. Here also clause 1(i) is to the effect that every Government employee who completes a period of fifteen years of service in a particular scale as on 31st August of each year shall be eligible for promotion to the next higher post in the regular line of promotion from the post held by him. The Scheme nowhere empowers the competent authority to recover the amount paid towards Special Grade Post after completion of ten years when such employee declines promotion subsequent thereto. Therefore, the order of the Tribunal does not suffer from any error apparent on the face of record. The writ petition is misconceived and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 14.09.2011 Pln