PAPPU SANKARA RAO Vs. REGIONAL DEPUTY DIRECTOR

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The grievance of the petitioner is that the 1st respondent herein has issued Notification No.31/2007 for the post of Assistant Audit Officers (AAO) under Group-I Services, which is a zonal post. In pursuance of the same, the petitioner applied for the said post under ST category and provisionally selected as AAO under ST category, but not issued posting orders to the petitioner on par with the other selected candidates without assigning any reasons, at the same time, the status of ST is intact. Therefore, the petitioner filed O.A.No.10723 of 2009 before the A P Administrative Tribunal, Hyderabad and the same was disposed of on 5/12/2009 with a direction to the APPSC and also to the 1strespondent herein to appoint the petitioner as AAO under ST category, pending enquiry in respect of the petitioner's social status. Following the said orders, the APPSC has selected the petitioner and appointed the petitioner as AAO vide Proc. Roc. No.498/A3/2009, and posted at District Audit Office, Srikakulam and joined in service on 10/1/2010 and presently working at District Audit Office, Visakhapatnam. It is stated that, after joining into service on 10/1/2020 only One increment was granted in the month of January 2011. Thereafter, from January 2012 onwards the respondents stopped the Annual grade increments till now and also not granted the Revised Pay Scales, without any valid reasons and also not regularized on par with other appointed AAOs under the guise of an enquiry is pending in respect of ST Caste Certificate and caused great mental agony and monetary loss to the petitioner. Therefore the petitioner has submitted a representation to declare the probation and release annual grade increments pending enquiry, as his juniors drawing higher pay than the petitioner. Later, the 1strespondent considered the entire issue and rightly released the Annual Grade Increments from 1/1/2012 to till 1/1/2019 vide proc. AS No.202/2019, but till this date the same was not forwarded by the 1strespondent to the 3rd respondent/ the District Audit Officer, Visakhapatnam by declaring the petitioner's probation. Questioning the same, the present writ petition is filed.

(3.) The counter affidavit has been filed by the respondents No.1, 2 and 5 denying all the allegations made in the petition. It is stated that the individual was also directed from time to time through the notices given in Form-VI issued by the collectors office Visakhapatnam and informed to attend the enquiry regarding social status claim in Joint Collectors chamber, Collector Office, Visakhapatnam and also a Show-cause Notice was issued vide (M) Rc.No.913/2009/C5 Dt.20/7/2012 of the Collectors Office, Visakhapatnam and the same was served on to the individual on 27/7/2012. It is stated that the individual was again directed through the notice served in FORM-VI issued by the Collectors Office Visakhapatnam Vide (M) Rc.No.913/2009/C5 Dated, 18/12/2021 to attend the enquiry regarding social status claim on 27/12/2021. But the status of enquiry and other information on verification of the social status claim as required has not been received so for. But the Enquiry Report on verification of the social status of the individual is pending receipt from the competent authority. In the circumstances and in the light of the facts mentioned above the Annual Grade increments from 2012 were not stopped but withheld for as the individual was not placed on Probation for want of Enquiry Report on his social status. It is not a loss to the individual and all consequential benefits will be released if the Social status of the individual is proved correct.It is a fact that the Enquiry Report is pending and also pertinent to state that the enquiry report is not pending with the department, but pending with Tribal welfare department who are not the party to this case. Further the regularization in another department has a remote consequence to the present case and no comment is possible to pass on that regularization.It is stated that, the individual approached the APAT in the O.A.No.2446 of 2018 aggrieved by the Memo. SA. No182/SA1/2018, dtd. 2/7/2018 of the District Audit officer, State Audit, Visakhapatnam and the OA was heard and notices were issued and on receipt of the notices, the District Audit Officer, State Audit, Visakhapatnam has filed Counter Affidavit, and the OA is pending at APAT. Meanwhile, the District Audit Officer, State Audit, Visakhapatnam has erroneously released Annual Grade Increments from 1/1/2012 to till 1/1/2019 Vide Proc.SA. No.202/2019, dtd. 24/7/2019 which is oxymoron to the statement made in the counter Affidavit. It is further stated in the counter affidavit that, it is not true that the petitioner was placed on probation as per para 3 of Progs. Roc.No.498/A3/2009 dt: 5/1/2010, but a condition was laid down that the order issued is subject to outcome of the court orderdtd. 24/7/2019.It is further stated that the order of the District Audit Officer, State Audit, Visakhapatnam releasing the Annual Grade Increments from 1/1/2012 to till 1/1/2019 Vide Proc.SA. No.202/2019, dtd. 24/7/2019 is erroneous, as the rules quoted in the said order are not in conformity of those rules. As such the order issue is null and void.