IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No: 4223 of 2000 Between: D.S.S.Rao, E.77652 S/o Kotaiah R/o Tenali, Guntur District. ..... PETITIONER AND 1 The A.P.S.R.T.C. Rep. by its Vice Chairman & Managing Director, Musheerabad, Hyderabad. 2 The A.P.S.R.T.C., Rep. by its Reginal Manager, Guntur Region, Guntur District. 3 The A.P.S.R.T.C., Rep. by its Depot Manager, Guntur-I Depot, Guntur District. 4 The A.P.S.R.T.C., Rep. by its Depot Manager, Ponnur Depot, Ponnur, Guntur 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 issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not paying the salary from 13-5-97 to 28-9-98 i.e. from the date of removal to date of reinstatement in pursuance of the orders passed in W.A., No. 1034 of 1998 and not ﬁxing my pay properly is illegal, unjust, arbitrary and against to the principles of natural justice and violative of Art.311 of the Constitution of india and as such liable to be set aside in the interest of justice by directing the respondents herein to pay the salary for the period out of employment duly ﬁxing my pay by adding the notional increments and to pay the arrears of the same forthwith Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : ORDER: This writ petition is ﬁled seeking to declare the action of the respondents in not paying the salary from 13-05-1997 to 28-09-1998 i.e. from the date of his removal from service till the date of his reinstatement into service, and not ﬁxing his pay by taking into account the continuity of service, as illegal and arbitrary, and consequently to direct the respondents to pay the salary for the period from 13-05-1997 to 28-09-1998 duly ﬁxing his pay by adding the notional increments and to pay the arrears of the same forthwith. On the alleged misconduct of unauthorized absence, disciplinary proceedings were initiated against the petitioner and ﬁnally by the order dated 13-05-1997 he was removed from service. He also availed the remedy of departmental appeal, but however, failed before such authority. He questioned the matter by way of Writ Petition No.4834 of 1998 before this Court and the same was dismissed. So, he ﬁled Writ Appeal No.1034 of 1998. At that stage, in view of the representation made to the eﬀect that he was already given posting orders, the writ appeal was disposed of without going into the merits. It appears that pursuant to the instructions issued by the Chief Law Oﬃcer of the respondent-Corporation, the case of the petitioner was reviewed by the Reviewing Authority and the Reviewing Authority rescinded the order dated 30-07-1998 passed by the Appellate Authority, which conﬁrmed the order of the disciplinary authority. While rescinding such order, he was given posting orders. However, the Reviewing Authority has not ordered for payment of back wages for the period from which the petitioner was out of service or any further beneﬁt was given either continuity of service or any attendant benefits. Though it is contended by the learned counsel for petitioner that inasmuch as the Reviewing Authority has rescinded the order of the disciplinary authority the petitioner is entitled to the salary for the period from 13-05-1997 to 28-09-1998 and ﬁxation of pay as prayed for, it is to be noted that the said authority while rescinding the order of the Appellate Authority has not ordered either for payment of backwages or extended any beneﬁt of continuity of service and attendant benefits. In that view of the matter and inasmuch as the petitioner has not questioned the order dated 08-09- 1998 passed by the Reviewing Authority i.e. the Regional Manager, Guntur Region, Guntur, to the extent of not awarding backwages and extending the beneﬁt of continuity of service, he cannot seek any directions to the respondents for payment of salary for the period from 13-05-1997 to 28-09-1998 and ﬁxation of pay, as such, I do not see any reason for directing payment of salary for the period from 13-05-1997 to 28-09-1998 or for any other beneﬁt in this writ petition. The writ petition is therefore devoid of merits. Accordingly, the writ petition is dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J September 15, 2008 CVRK