IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5380 of 2008 Between: L. Ramesh S/o Yadagiri R/o H. No. 8-78, Ghatkesar Opp: Gram Panchayat Office, Ranga Reddy District. ..... PETITIONER AND 1 APSRTC., rep by its Vice-Chairman& Managing Director Musheerabad, Hyderabad. 2 APSRTC., rep by its Regional Manager, Hyderabad City Region, JBS Picket, Secunderabad. 3 APSRTC., rep by its Depot manager, Uppal Bus Depot, Hyderabad. .....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 issue an order ,direction or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in not fixing the by adding notional increments for the period w.e.f4-8-99to 1-9- 2005 as the same is illegal, arbitrary and unjust and consequently direct the respondent to fix the pay of the petitioner as per the award of the Hon’ble Addl .Industrial Triibul-cum-Addl labour court ,Hyderabad in I.D.no 217/99and as per the circular P.DNo .89/92 and to pay all consequential benefits to the petitioner. Counsel for the Petitioner:MR.G.RAVI MOHAN Counsel for the Respondents: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5380 of 2008 ORDER: The petitioner was employed as a Conductor in the year 1986. He was dismissed from service in the year 1999, on disciplinary charges. After exhausting the departmental remedies, he filed I.D.No.217 of 1999 before the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad. Through the award, dated 06.06.2005, the Labour Court directed reinstatement of the petitioner with all attendant benefits and back wages, to the extent of 50%. The respondent filed W.P.No.2762 of 2006, assailing the award. The writ petition was admitted and an interim order was passed staying the operation of the award, only to the extent of back wages. The petitioner was reinstated into service. His grievance is that his pay scale after reinstatement was fixed, without taking into account, the notional increments, for the period, during which he was out of service. He places reliance upon Circular No.89/92, dated 08.09.1992, issued by the Corporation. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The narrow controversy in this writ petition is as to the manner, in which the pay scale of the petitioner shall be fixed, after his reinstatement. It is not in dispute that the Labour Court granted the relief of reinstatement and continuity of service with attendant benefits, apart from the back wages to the extent of 50%. The stay granted by this Court is only to the extent of payment of back wages. The Corporation itself framed certain guidelines in Circular No. 89/92, dated 08.09.1992, in the matter of fixation of pay scales and salary, whenever an employee is reinstated, in pursuance of the award passed by the Labour Court. Prima facie, the said Circular directs that the notional increments, that have accrued to an employee, must be taken into account, while fixing the pay scale. There is no reason why, such a facility be denied to the petitioner. Hence, the Writ Petition is disposed of, directing the respondents to fix the pay scale and salary of the petitioner, strictly in accordance with the guidelines contained in Circular No. 89/92, dated 08.09.1992, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 13.03.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5380 of 2008 Date: 13.03.2008 JSU