IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.1018 of 2008 Between: 1 B. Devendra Reddy S/o. B. Rami Reddy Kurnool. 2 M.Malleswari W/o. V. Sreenivasulu Kurnool. 3 A. Venkateswarlu S/o. A. Papaiah Kurnool. 4 N.L.Narasimulu S/o.Narasimhulu Kurnool. 5 K. Naga Raju S/o.K. Venkatanaidu Kurnool. 6 S.Lakshmi Narayanamma W/o.Nageswara Rao Kurnool. 7 K. Nagaraju S/o. K. Siddaiah Kurnool. 8 B. Krishna Murthy S/o.B. Veeroji Rao Kurnool. 9 G. Maddilety S?o. Late G.Yellanna Kurnool. ..... PETITIONER(S) AND 1 Goernment of Andhra Pradesh, Finnance (P.C.1) Department, Rep. by the Secretary to Government (F.P.) Secretariat, Hyderabad. 2 The Directorate of Treasuries & Accounts A.P.at Hyderabad. 3 The District Treasury Officer, Kurnool District. .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the natrue of writ of mandamus declare the Memo No. 1943/32/A1/PC 1/20067 dt. 3-3-2006 issued by the 1st respondent and consequential memo No. M1/20354/2003-2006 dt.2-5-2006 issued by the 2nd respondent and consequential circular emo NO. 16951-A/283/A1/PC 1/2007 dt. 6-7-2007 and Circular Memo No. 16951-A/283/A1/PC 1/2007 dt. 18- 8-2007 amounts to erroneous arbitrary and violative of Art. 14, 21 and 311 of Constitution of India, besides being violative of principles of natural justice and conseqential supend the operation of the Memo No. 1943/32/A1/PC1/20067a dt. 3-3-2006 and consequential circular memos issued by the respondents from time to time in so far as the writ petitioners concerned and to pass such other orders. Counsel for the Petitioners:MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR FINANCE & PLANNING 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.1018 of 2008 ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The petitioners are working as employees in judicial ministerial service in the unit of District Judge, Kurnool. They were sanctioned family planning increments as and when they became eligible. The Government of Andhra Pradesh issued orders, vide memo No.1943/32/A1/P.C.I/2006 dated 03.03.2006, directing not to sanction family planning incentive increments/advance increments for acquiring higher qualiﬁcation. As a consequence thereof, the Drawing Oﬃcer under whose control the petitioners are working, issued orders directing recovery of the amount from the pay of individual in monthly instalments. Aggrieved by these proceedings, the present writ petition is ﬁled seeking invalidation of the said action. This Court admitted the matter on 13.02.2008 and also ordered stay of recovery. Notice was ordered but the Government has not ﬁled any counter-aﬃdavit. This Court heard the learned counsel for the petitioners and the learned standing counsel for Andhra Pradesh High Court. 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 petitioners shall not be recovered. It shall be treated as non- pensionable personal pay of the petitioner. No costs. ____________ V.V.S.RAO, J 30th July, 2008 __________________ G. CHANDRAIAH, J GHN To 1 Goernment of Andhra Pradesh, Finnance (P.C.1) Department, Rep. by the Secretary to Government (F.P.) Secretariat, Hyderabad. 2 The Directorate of Treasuries & Accounts A.P.at Hyderabad. 3 The District Treasury Officer, Kurnool District. 4 One CC to GP FOR FINANCE & PLANNING 5 2 2CD copies Form-NIC-OGS/WP{VSMI}