P.Papaiah, v. The Depot Manager,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 11093 OF 2002 Between:

P.Papaiah. ...Petitioner And The Depot Manager, APSRTC, Uppal Depot, R.R.District and others. ... Respondents Date of Judgment pronounced: 24.07.2015 Submitted for Approval:

The Hon'ble Sri Justice A.Rajasheker Reddy

1. Whether Reporters of Local newspapers May be allowed to see the Judgments? Yes/No

2. Whether the copies of judgment may be Marked to Law Reporters/Journals Yes/No

3. Whether His Lordship wish to see the fair Copy of the Judgment? Yes/No HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 11093 of 2002 ORDER :

It is the case of the petitioner that he joined as Conductor in the respondent Corporation in the year 1977. While performing his duty on 13.04.1985 at about 8.00 A.M on route Uddamarri as Conductor in Bus No.APZ 9876, a check was conducted and checking officials served a charge memo. Subsequently, on 20.04.1985, the Depot Manager-first respondent suspended the petitioner and charge sheet was issued to

him. The petitioner filed explanation denying the charges framed against him and thereafter, enquiry was conducted by the disciplinary authority and imposed punishment of removal from service by proceedings dated 09.11.1985. Aggrieved by the same, the petitioner filed I.D.No.459 of 1987 before the Additional Industrial Tribunal-cum-Labour Court, Hyderabad and the same was allowed vide orders dated 21.03.1991 ordering reinstatement of the petitioner into service with continuity of service but without back wages and attendant benefits. Aggrieved by the same, the present writ petition is filed to the extent of denial of back wages and attendant benefits to the petitioner.

Learned counsel for the petitioner states that the petitioner is not pressing the relief for back wages in the writ petition and seeks relief of payment of gratuity as per Circular No.PD-28/2009, dated 29.09.2009. Learned Standing Counsel for the respondent Corporation states that they will take steps for payment of gratuity as per Circular No. PD28/2009, dated 29.09.2009 if not, already paid to the petitioner. Since the petitioner is not pressing of back wages and that the issuance of Circular No. PD-28/2009, dated 29.09.2009 is not disputed by the learned Standing Counsel, the respondent Corporation is directed to consider the payment of gratuity to the petitioner in terms of Circular No. PD-28/2009, dated 29.09.2009, if not, already paid. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any pending in this Writ Petition, shall stand closed. _________________________ A.RAJASHEKER REDDY, J 24.07.2015.

KVS

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No.11093 OF 2002

Date: 24-07-2015 KVS