THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.6728 of 2006 ORDER: The petitioner is working as Conductor in the Uppal Depot of A.P.S.R.T.C. He was extended the benefit of an increment of Rs.35/, in view of the fact that his wife has undergone family planning operation, on 19-10-1990. The petitioner was removed from service on 19-08-1995, on disciplinary grounds. The appeal filed by the petitioner before the Divisional Manager was rejected. In the review, the Regional Manager directed reinstatement of the petitioner in the pay scale of Rs.1645 - 3155, through order dated 21-08-1996. The order of reinstatement was issued to the petitioner on 17-09-1996. The discrepancy, as to the basic pay, was corrected in December 1997. The grievance of the petitioner is that, on one pretext or the other, the family planning increment, which was awarded to him; was denied, for all these years. He challenges the action of the respondents, in this regard. Heard the learned counsel for the petitioner, and learned Standing Counsel for the respondents. It is not in dispute that the petitioner was extended the benefit of family planning increment in November, 1990. The reduction of his pay scale, under the orders dated 21-08-1996 passed by the Regional Manager, did not have the effect of denying the benefit of family planning increment to the petitioner. The petitioner did not make any protest, when the increment was denied to him, either when he was reinstated into service, or at a subsequent stage. On account of the delay on the part of the petitioner, he can be denied the benefit of back-wages, or arrears, but the respondents cannot be permitted to take away the benefit, which had already accrued to the petitioner. For the foregoing reasons, the writ petition is partly allowed, directing that the respondents shall extend the benefit of family planning increment to the petitioner, with effect from August 2008, and the petitioner shall not be entitled for any arrears, on account of such addition. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.16-07-2008. KO