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 SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15354 of 2008 Between: 1 V.V. Bixapathi S/o. Mallaiah I-Addl. Dist. and Sessions Court, Warangal District. 2 Syed Hafix Ali Afzal S/o. Syed Sabir Ali Dist. and Sessions Court, Warangal District. 3 K. Ramabrahmachary S/o. Kumaraswamy Dist. and Sessions Court, Warangal District. 4 Smt. M. Padmaja W/o. G. Dinesh I-Addl. Sr. Civil Judge's Court, Warangal District. 5 Smt. G. Anithavani W/o. T. Naveen Kumar Dist. and Sessions Court, Warangal District. 6 Smt. V. Shailaja W/o. Prakash Rao Dist. and Sessions Court, Warangal District. 7 Smt. C. RamadeviW/o. Sarotham Reddy II-Addl. Dist. and Sessions Court, Warangal District. 8 Smt. V. Madhavi Latha W/o. Manoj Kumar II-Addl. Jr. Civil Judge's Court, Warangal District. 9 Smt. G. ParijathamW/o. B.P.C. Mohan III-Addl. Dist. and Sessions Court, Warangal District. 10 G. Praveen Kumar S/o. Shivalingam Dist. and Sessions Court, Warangal District. 11 Md. ARaheemuddin S?o. Ghouse Mohiuddin Junior Civil Judge's Court, Mulug, Warangal District. 12 J. Rajendra Prasad S/o. Kommalu Dist. and Sessions Court, Warangal District. 13 Md. Yakub S/o. M.A. Raheem III-Addl. Dist. and Sessions Court, Warangal District. 14 T. Pramod Rao S/o. Rajeshwara Rao Prl. Jr. Civil Judge's Court, Warangal District. 15 K. Shravan Kumar S/o. Ramanaiah Junior Civil Judge's Court, Mulug ..... PETITIONERS AND 1 The District and Sessions Judge, Warangal. 2 The Accountant General Office of the Account General of Andhra Pradesh, at Hyderabad. 3 The Dist. Treasury Officer, Warangal District. 4 The Government of Andhra Pradesh, Finance (PC-I) Department, Rep. by its Secretary to Government (F.P.) Secretariat, 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 or order more particularly one in the nature of Mandamus or any other appropriate proceedings to declare the action of Respondent No.4 in passing the proceedings in Memo No. 1943/32/A1/PC-1/2006 dt. 3-3-2006 is arbitrary, illegal, unjust and against the Principles of natural justice besides the violation of fundamental rights guaranteed under Article 14 and 21 of Constitution of India and consequently direct the Respondents not the recover the amounts from the petitioners which were already paid to them by way of advance increments for possessing higher qualifications and family planning incentive increments and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: SRI A.RAMAKRISHNA REDDY Counsel for the Respondents: (SC FOR APHC),P.V.SANJAY KUMAR The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15354 of 2008 ORDER: (per Hon’ble Sri Justice V.V.S.Rao, J) The petitioners are working in Judicial Ministerial Service in the district unit of Warangal. During their service, they acquired additional qualifications, as a result of which, they were given benefit of two advance increments. They also availed family planning benefit/incentive. The Government of Andhra Pradesh vide Memo No.1943/32/A1/P.C.I/2006, dated 03.03.2006, while giving clarifications with regard to the increments and recovery, categorically advised the Director of Treasury and Accounts to effect recovery of advance increments. Apprehending that the same might be implemented in their case also, the petitioners filed the present writ petition. A reading of paragraph 8 of the affidavit accompanying the writ petition would show that the writ petition is filed on a mere apprehension. Therefore, at this stage, we are not inclined to accept the writ petition. As and when the grievance of the petitioners is real, they may approach the Court and seek redressal. The Writ Petition, with the above observations, is dismissed. No costs. ____________ (V.V.S.RAO, J) _________________ (G.CHANDRAIAH, J) 30.07.2008 vs To 1 The District and Sessions Judge, Warangal. 2 The Accountant General Office of the Account General of Andhra Pradesh, at Hyderabad. 3 The Dist. Treasury Officer, Warangal District. 4 The Secretary, Government (F.P.). Government of Andhra Pradesh, Finance (PC-I) Department, Secretariat, Hyderabad. 5 2CCs to 6 2CD copies Form-NIC-OGS/WP{VSMI}