IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5207 of 2008 Between: 1 Md. Yousuf Ali, S/o. Mastan Ali, APSRTC, Suryapet Bus Depot, Nalgonda District, Andhra Pradesh. 2 Md. Jahangir Ali, S/o. Abdul Rehman, APSRTC, Deverakonda Bus Depot, Nalgonda District, Andhra Pradesh. 3 R. Bachaiah, S/o.Mallaiah, APSRTC, Deverakonda Bus Depot, Nalgonda District, Andhra Pradesh. ..... PETITIONER(S) AND 1 The Regional Manager, APSRTC, nalgonda Region at Nalgonda, Nalgonda District, Andhra Pradesh. 2 The Depot Manager, APSRTC, APSRTC, Suryapet Bus Depot, Nalgonda District, Andhra Pradesh. 3 The Depot Manager, APSRTC, APSRTC, Deverakonda Bus Depot, Nalgonda District, Andhra Pradesh. .....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 a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action fo the respondents in not paying the additional monetary benefits to the petitioners as per the Reg.6A(5)(b) of APSRTC Employees (Service) Regulation, 1964 which was extended to the Shramika/Cleaners in VC &MD, APSRTC's Letter, dt. 01-12-2005 and not counting our clearner/ shramik service for the effecting said benefit as bad, arbitrary, illegal and consequently direct the respondents to pay the petitioners additional monetary benefits as per the above stated regulation by taking into account of the Petitioners total service as drivers/cleaners in respondent corporation in effecting such benefits and also directing to pay the arrears in concerned with the protection pay scale in the alternate post and pass Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : O R D E R: The 1st petitioner was appointed as a driver on 31.3.1980. While working as a driver, he became medically unfit to discharge the functions of the driver on 5.1.1989. The Medical Board of the respondents- corporation found him medically unfit to the post of driver on 5.1.1989. He was given alternative appointment to the post of Shramik on 11.4.1989. He retired voluntarily w.e.f. 25-5-2007 vide proceedings No.P3/756-07- SRPT issued by 2nd respondent-Depot Manager, APSRTC, Suryapet. The proceeding issued by the 2nd respondent reads as under: “ Sri.Md.Yousuf Akli, E.088427, Shramik of Suryapet depot has submitted an application in Annexure B vide reference 4th cited, opting for voluntary retirement subject of payment to additional monetary benefit as envisaged in the Amended Reg.6A(5)(b) of APSRTC Employees (Service)Reg. 1964. In terms of the Chief Personnel manager order vide reference 1st cited, Sri.Md.Yousuf, E.088427, Shramik of Suryapet Depot, who was medically unfit for A1 category in the post of Driver vide M.C.No.49524, dated 5.1.1989 and opted for voluntary retirement subject to payment of Additional Monetary benefit as envisaged in the Ammanded Reg.1964 is hereby retired on voluntary w.e.f. 25.5.2007.” The 2nd petitioner was appointed as a driver on 10-8-1979. While he was working as a driver, the Medical Board of the respondents/Corporation declared him medically unfit to the post of driver in June, 1992. He was appointed as a Shramik on 3.10.1997. He retired voluntarily w.e.f. 1.6.2007 vide proceeding No.P2/683(2)2007-DVK issued by 3rd respondent. The proceeding issued by 3rd respondent reads as under: “ Sri.Md.Jahangir ali, E.85606, Shramik (who is medically unfit for A1 category to the post of Driver and working on alternative employment as Shramik under 10% quota) of Devarakonda depot vide references 1st to 4th cited above. The VC and MD letter vide reference 6th cited has accorded approval for amending Reg.6(A) 5 of APSRTC Employees (Service) Reg.1964 by providing better benefits than the existing additional monitory benefits as envisaged in the Notification No.:PD-14/2003, dt.8.10.2003. The Chief Personnel Manager has informed vide reference 7th cited, that the competent authority has accorded approval for extending the ANB to the above Shramik vide ref.8th cited and the Regional Manager/NLG has instructed vide ref.9th cited to take action as per the letter of CPM. In this connection, Sri.Md.Jahangir ali, 3.85606, Shramik has submitted an application along with Annexure B related to the Cir.No.40/2005 and expressed his willingness to retire on medical grounds. In view of the above, I therefore, hereby order that Sri.md.Jahangir Ali,E.85606, Shramik of Devarakonda depot be retired from the services of the Corporation on medical grounds w.e.f. 1.6.2007 in terms of Reg.6A(5)(b) of APSRTC Employees (Services) Reg.1964.” The 3rd petitioner was appointed as a driver on 9-5-1980. While he was working as a driver, the Medical Board of the respondents/Corporation declared him medically unfit to the post of driver in the year 1991. He was appointed as a Cleaner on 29.7.1991. He retired voluntarily w.e.f. 1.6.2007 vide proceeding No.P2/683(1)/2007-DVK issued by 3rd respondent. The proceeding issued by 3rd respondent reads as under: “ Sri.R.Batchaiah, E.89379, Sharamik (who is medically unfit for A1 category to the post of Driver and working on alternative employment as Shramik under 10% quota) of Devarakonda depot vide reference 1st to 4th cited above. The VC & MD letter vide reference 6th cited has accorded approval for amending Reg.6(A) 5 of APSRTC Employees (Service) Reg.1964 by providing better benefits than the existing additional Monitory benefits as envisaged in the Notification No;:PD-14/2003, dt.8.10.2003. The Chief Personnel Manager has informed vide reference 7th cited, that the competent authority has accorded approval for extending the ANB to the above Shramik vide refere.8th cited and the Regional manager/NLG has instructed vide ref.9th cited to take action as per the letter of CPM. In this connection, Sri.R.Batchaiah, E.89379, Sharamik has submitted an application along with Annexure B related to the Cir.No.40/2005 and expressed his willingness to retire on medical grounds. In view of the above, I therefore hereby order that Sri.R.Batchaiah, E.89379, Sharamik of Devarakonda depot, be retired from the services of the Corporation on medical ground sw.e.f. 1.6.2007 in terms of Reg.6A(5)(b) of APSRTC Employees (Services) Reg.1964.” It is the grievance of the petitioners that they have not been paid additional monetary benefits as provided in amended Reg.6A(5)(b) of APSRTC Employees (Service) Regulations, 1964. In the counter affidavit filed on behalf of the respondents-Corporation, it is stated that Service Regulations No.6A(5)(b) was amended vide Board Resolution No.128/2003, dated 28.7.2003 for providing better benefits to the drivers who are retiring on medical grounds w.e.f. 8.10.2003 duly incorporating the benefits payable exclusively for drivers. Subsequently, the amended Regulations No.6A(5)(b) for payment of additional monetary benefit is made applicable to the drivers who were found medically unfit to the post of drivers and was working as Shramiks on alternative employment. It is further stated that the Additional monetary benefit amount was paid to all the petitioners as per the instructions contained in the Circular No.40/2005 reckoning the service rendered in the post of driver taking the date of their being declared as unfit. The additional monetary benefit is being paid excessively to the drivers retired on medical grounds and the amended regulations No.6A(5)(b) offering better benefits are not applicable to the employees who have been accommodated as Shramiks and hence service rendered by the petitioners in the post of drivers is only reckoned for calculating additional monetary benefit. Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioners submits that the petitioners did not receive any additional monetary benefit since they have been offered the post of Shramik consequent on they being found to be medically unfit to perform the duties of the post of driver and therefore they are entitled for pay protection. Learned Standing Counsel appearing for the respondents submits that the additional monetary benefit has been extended to the petitioners since once they happened to be drivers. The office orders issued by the respondents clearly indicate that the petitioners are entitled for additional monetary benefits as envisaged under Regulation No.6A(5)(b) of Service Regulations, 1964. A plain reading of the above proceedings indicate that the petitioners are entitled for additional monetary benefit. The said additional monetary benefit is to be calculated keeping in view of the pay drawn by them as drivers provided if they did not receive any additional monetary benefits while being offered the alternative appointment of Shramik consequent on their being declared as medically unfit to the post of driver. Accordingly, this writ petition is disposed of. NO costs. 24th April, 2009. (B.Seshasayana Reddy,J) tnbs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{SPJS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.5207 OF 2008 24TH APRIL 2009.