IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1329 of 2008 Between: Syed Shoukat Ali, S/o. Syed Altaf Ali, E.No. 334555, R/o. 9-20-187/1, Mujahitnagar, Malapalli, Nizamabad. ..... PET IT IONER AND 1 APSRTC, Rep by its Managing Director, Musheerabad, Hyderabad. 2 The Depot Manager, APSRTC, Bus Depot, Kamareddy, Nizamabad District. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ or direction particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in not restoring the petitioner's increment month which was prevalent prior to the date of suspension on 22-05-2000 which was culminated in removal from service on 20-03-2001, in not ﬁxing the pay on par with his collegue Mr. S.K. Hayder Ali, Driver, E.No. 334554, not arranging the arrears of RPS 2005 on par with him as arbitrary, illegal, and in violation of Art. 14, 16 & 21 of the constitution month which was prevailing earlier to the petitioner suspension date 22-05-2000 which was culminated in removal from service on 20-03-2001 and ﬁx the pay on par with collegue Sk. Hyder Ali, Driver E.No. 334554 along with all consequential beneﬁts ﬂows out or such exercie in the interest of justice and fair play Counsel for the Petitioner:MR.V.NARASIMHA GOUD Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.1329 of 2008 ORAL ORDER: It appears, petitioner was suspended from service on 22.5.2000. After conducting a detailed enquiry into certain charges leveled against the petitioner, he was ﬁnally removed from service by order dated 20.3.2001. Aggrieved thereby, he raised a dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 before the Labour Court-II, Hyderabad in I.D.No.134 of 2002. After a detailed consideration of the matter, the Labour Court, while setting aside the removal order vide award dated 18.5.2004, directed the respondent-Corporation to reinstate the petitioner into service, without back wages, but with continuity of service including notional increments. Now the grievance of the petitioner is that in spite of setting aside the removal order by the Labour Court, the period of suspension from 22.5.2000 to 20.3.2001 is not counted for the purpose of increments etc. The learned counsel for respondents however, states that in view of Regulations of the Corporation and in view of certain observations made by the Labour Court in the Award, petitioner is not entitled to reckon the service rendered between 22.5.2000 and 20.3.2001 for the purpose of increments. It is unfortunate that such a submission is made on behalf of respondents. Once the removal order is set aside, all the conditions attached thereto must go. Moreover the Labour Court held that the petitioner is entitled for reinstatement with continuity of service and notional increments. Now it is brought to my notice that notional increments were granted, but the increments for the above said period were not granted, which is ex-facie illegal and does not stand the scrutiny of law. In this regard, the learned counsel for petitioner placed reliance on the Division Bench judgment rendered by this Court in K.M.GOPINATH PILLAI v. A.P.TRANSCO[1], wherein it was held that the increments earned by the petitioner should be calculated notionally and his future increments have to be determined accordingly. Unless and until the increments during the period of suspension, which were notionally calculated, he would not have been deprived from such benefit. Following the judgment rendered above, this writ petition is allowed and the impugned order is set aside. No order as to costs. ________________ C.V.RAMULU, J Date: 11.9.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.1329 of 2008 11.9.2008 [1] 2001(2) ALD 180 (DB)