IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD 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.18301 of 2007 Between: S.Venkateshwar Rao S/o. S. Ranga Rao Working in Junior Civil Judges Court, Narsampet, Warangal District. ..... PETITIONER AND 1 The District and Sessions Judge, Warangal. 2 The Junior Civil Judge,Narsampet, Warangal District. 3 The Accountant General , Office of the Account General of Andhra Pradesh, at Hyderabad. 4 The Sub-Treasury Officer, Narsampet, Warangal District. 5 The Government of Andhra Pradesh, Finance (PC-1) 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 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 dt. 16-3- 2007 directing the Respondent No.2 to discontinue the drawl of the incentives to the petitioner forthwith and further directing to recover the entire amount drawn by the petitioner at @ 340 per month for a period of 68 months is arbitrary illegal, and violative of the Fundamental Rights guaranteed under Article 21 of the Constitution of India and consequently direct the respondents to withdraw the said proceedings passed in DC-WFL/AUDIT/DIS N.2293 dt.16-3-2007 and to pass such 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: SMT.M.BHASKARA LAKSHMI (SC FOR APHC) 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.18301 of 2007 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The petitioner is working as Lower Division Clerk (LDC) in the Andhra Pradesh Judicial Ministerial Service in the Unit of District and Sessions Judge, Warangal. Initially he was appointed as Copyist in March 1984, and subsequently, promoted in 1987 as LDC. While working as such, he obtained degree in Law (LLB) from Kakatiya University in 2001. Therefore, in accordance with Government Orders in vogue at that time, namely, G.O.Ms.No.142 dated 03.04.1996, G.O.Ms.No.147 dated 20.10.2000 and G.O.Ms.No.180 dated 05.12.2000, learned District Judge accorded sanction for two advance increments at the rate of Rs.200/- per month with effect from 10.04.2001 to the petitioner. The petitioner is drawing advance increments. However, by Office Memorandum dated 16.03.2007 the first respondent while ordering to discontinue the drawal of advance increments also directed to recover the entire amount drawn by the petitioner in 36 monthly equal instalments. Aggrieved by the same, the present Writ Petition is filed. This Court has heard the learned Counsel for the petitioner and the learned Standing Counsel for High Court of A.P. 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 increments to the petitioner shall not be recovered. It shall be treated as non-pensionable personal pay of the petitioner. No costs. ____________ (V.V.S.RAO, J) _________________ (G.CHANDRAIAH, J) 23.07.2008 vs To 1 The District and Sessions Judge, Warangal. 2 The Junior Civil Judge,Narsampet, Warangal District. 3 The Accountant General , Office of the Account General of Andhra Pradesh, at Hyderabad. 4 The Sub-Treasury Officer, Narsampet, Warangal District. 5 The Secretary to Government (F.P), Government of Andhra Pradesh, Finance (PC-1) Department, Secretariat, Hyderabad. 6 2CCs to 7 2CD copies Form-NIC-OGS/WP{VSMI}