IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 33742 of 1998 Between: B.Subba Rao, S/o Subbaiah, R/o Kahmmapalem, Ongole, Prakasam Dist. ..... PETITIONER AND The Guntur Dist. Tobacco Growers Cures Co-Operative marketing Society Ltd., Ongole, Prakasam Dist., Rep by its Chairman, Ravi Ramanaiah Chowdary. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction or Writ, more particularly one in the nature of Writ of Mandamus directing the respondents to pay back wages commencing from 26-4-90 to 25-5-97, in favour of the petitioner, and consequently direct the respondents to pay the yearly increments as per the basic salary with effect from 26-4-90, and pass such other order or orders as this Hon’ble Court deems it fit and proper in the circumstances of the case. Counsel for the Petitioner:MRVENKATARAGHU RAMULU Counsel for the Respondent: MR.T.RAJENDRA PRASAD The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33742 of 1998 ORDER: The relief sought for in this writ petition is for a direction to the respondent to pay backwages commencing from 26.04.1990 to 25.05.1997 and to pay the yearly increments as per the basic salary with effect from 26.04.1990. Sri T.Rajendra Prasad, learned counsel appearing for the respondent, submits that the cause in the writ petition does not necessitate adjudication and that the writ petition has become infructuous in view of the fact that the respondent has since paid the backwages claimed by the petitioner from 26.04.1990 to 25.05.1997. The learned counsel would however express ignorance as to whether the yearly increments have been paid. Once the petitioner’s claim for payment of backwages from 26.04.1990 till 25.05.1997 is accepted, it goes without saying that the petitioner would be entitled for the yearly increments during the said period also. In case the respondent has not paid the yearly increments, it shall do so within a period of one month from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. ______________________ RAMESH RANGANATHAN,J 19.03.2008 v v To 1. The Chairman, Guntur Dist. Tobacco Growers Cures Co- Operative Marketing Society Ltd., Ongole, Prakasam Dist., 2.Two CD copies.