HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40912 of 2014 Date: 31-12-2014 Between K.S.Reddy and another … Petitioners and The APSRTC, Rep. by its MD, Musheerabad, Hyderabad; and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40912 of 2014 Order:
Heard Sri Chidagam Srinivas, learned counsel appearing for the petitioner and Sri Aravala Rama Rao, the learned Standing Counsel appearing for the respondents-Corporation.
2. This writ petition is filed seeking to declare the action of the respondents-Corporation in not releasing the consequential service and retiral benefits keeping in view of the judgment rendered by a Division Bench of this Court in W.A.Nos.1926 and 1925 of 2005, dated 28-7-2009 as illegal and arbitrary and consequently direct the respondents-Corporation to release all the service and retiral benefits treating the petitioners in service, duly keeping the above judgment rendered by the Division Bench of this Court.
3. The petitioners while working as conductors in the respondents-Corporation were removed from service on certain irregularities. They filed I.D.Nos.49 and 48 of 2002 before the Industrial Tribunal-cum-Labour Court, Anantapur and the same were dismissed vide awards dated 18-6-2003 and 13-6-2003, respectively. Aggrieved by the same, the petitioners filed W.P.Nos.8277 and 8308 of 2004, respectively and the same were also dismissed vide orders dated 19-8-2005. Thereafter, they filed W.A.Nos.1926 and 1925 of 2005, respectively and a Division Bench of this Court vide common judgment dated 28-7-2009 disposed of batch of writ appeals including W.A.Nos.1926 and 1925 of 2005, observing that there was no evidence that the conductors themselves produced the fake warrants and misappropriated the money. Accordingly, the Division Bench modified the punishment imposed upon the petitioners and other similarly situated persons, setting aside the orders of removal from service, directing their reinstatement into service, if not already retired, and imposing the lesser punishment of stoppage of two increments with cumulative effect.
4. The case of the petitioners is that in view of the judgment of the Division Bench, they are entitled for all the benefits treating them as in service after duly giving effect to the penalty imposed by the Division Bench. However, the respondents-Corporation have not been releasing their service and retiral benefits.
5. It is agreed by both the learned counsel appearing for the parties that the issue raised in this writ petition is squarely covered by the orders passed by this Court in W.P.No.439 of 2013, dated 20-9-2014.
6. In the aforesaid writ petition, following the common judgment of the Division Bench in W.A.No.1910 and 2005 and batch (including W.A.Nos.1926 and 1925 of 2005), dated 28-7-2009, while setting aside the order of removal from service passed against the petitioner therein, lesser punishment of withholding of two increments with cumulative effect is directed to be substituted therefor, which shall take effect from the date of the orders of the earlier punishment. It was further ordered that the petitioner shall be granted continuity of service in view of the setting aside of the removal orders and the same shall be taken into account for reckoning his pensionary benefits after giving effect to the substituted punishment of withholding of increments.
Accordingly, directed the Corporation to complete the exercise and make due payment to the petitioner within a period of four weeks.
7. In view of the above, the respondents-Corporation are directed to treat the petitioners as if they continued in service in view of the setting aside the order of removal from service, and the same shall be taken into account for reckoning their pensionary benefits, after giving effect to the substituted punishment of withholding of two increments, which shall start from the date of earlier punishment, and release the service and retiral benefits to the petitioners within a period of 4 (four) weeks from the date of receipt of a copy of this order.
8. The writ petition is accordingly allowed.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
31st December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40912 of 2014 31st December, 2014. (Ak)