4IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 11156 of 2011 Between: R.Prabhakar Rao …PETITIONER AND APSRTC and others. ....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 11156 of 2011 This writ petition is filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the respondents in not fixing the pay of the petitioner by adding the eligible annual increments even after the punishment is completed, as arbitrary and illegal and consequently direct the respondents to fix the pay of the petitioner by adding the eligible annual increments and draw and pay the difference of pay and allowances, difference of gratuity and difference of earned leave encashment to the petitioner. 2. Initially the petitioner was appointed as Man Mazdoor in the respondents Corporation and subsequently he was promoted as Conductor with effect from 12.04.1983 in Visakhapatnam Region. The petitioner retired as ADC on 30.06.2010. While he was working as a Conductor, he was imposed with punishment of determent of increments for unauthorized absenteeism and involvement of cash and ticket irregularities. Though the punishment period of deferment of annual increment is completed, the annual increment was not released on the ground that he is suffering punishment of other annual increments and during the period of punishment, even the earlier annual increment cannot be released. He was not at all granted any annual increment during his service from 12.04.1983 till retirement. Thus, the action of the respondents in not adding the eligible increments is contrary to Note(1) of Regulation 11 of APSRTC Employees’ (Pay & Allowances) Regulations, 1964 (for short, ‘the Regulations”). 3. There cannot be any dispute that an increment shall ordinarily be drawn on a matter of course unless it is withheld. If increment is withheld, it should be indicated upto what period the increment has been withheld. 4. As per Regulation 11 of the Regulations, the petitioner got issued a legal notice, dated 10.01.2011 to respondent Nos.1 and 3. The respondents have to take appropriate decision in accordance with Regulations to what date the petitioner is entitled for increment. Therefore, the respondents are directed to take proper decision and pass appropriate orders with regard to payment of increments to the petitioner in accordance with rules and regulations, within a period of eight weeks from the date of receipt of a copy of this order, and thereafter, communicate the same to the petitioner. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _______________ K.C.BHANU, J APRIL 20, 2011 YVL