IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3666 of 2009 Between: V.Venkat Rao S/o.Hanmanth Rao O/o. the Zonal Enforcement Squad (HZ), at RM Office (RR Region), APSRTC, MGBS, Gowliguda, Hyderabad. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Ranga Reddy Region at MGBS, Gowliguda, Hyderabad. 2 The Personnel Officer, APSRTC, Ranga Reddy Region at MHBS, Gowliguda, 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 to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondents in not paying the gratuity amount to the petitioner for his out of employment period (i.e. from 26-09-1980 to 24-06-1993) in concerned with his removal as illegal, bad arbitrary,and contrary to the judgments of this Hon`ble court and consequently direct the respondents to pay the gratuity with interest for the said period and pass. Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondent No.: MR.K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No . 3666 of 2009 ORDER: 1. The writ petitioner was appointed as a Conductor in the year 1973 in A.P.S.R.T.C. Departmental proceedings were initiated against him on the ground of cash and ticket irregularity while conducting the bus. The Disciplinary Authority accepted the findings recorded by the Enquiry Officer and proceeded to remove the petitioner from service. 2. The petitioner raised an industrial dispute and the same was referred to Labour Court, Hyderabad. The dispute was taken on file by the Labour Court as I.D.No. 426 of 1987. The Labour Court set-aside the termination order and passed an Award accordingly. Pursuant to the Award, the petitioner came to be reinstated into service on 24.06.1993 and posted as Conductor in Sangareddy Bus Depot, He retired as Deputy Superintendent (T) on 30.06.2007. When the respondents have not paid gratuity for the out of service period, i.e. from 26.09.1980 to 24.06.1993, he approached this court, invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, Sri K.Madhava Reddy, learned standing counsel for APSRTC takes notice on behalf of the respondents. 4. The issue involved in this writ petition is no more res integra in view of the judgment of this court in M.Rama Rao v. Asst. Traffic Manager,[1]. The said judgment has been followed in W.P.No.25974 of 2008 dated 11.12.2008 in MD.Hassan vs. The Regional Manager, APSRTC, Mahabubnagar. 6. The petitioner came to be reinstated into service with continuity of service and all attendant benefits. Once he reinstated into service with continuity of service, the out of service period is to be treated for gratuity. 7. In the light of the judgment as referred above, and in view of the submissions made by the learned counsel for both the parties that the above said judgments govern the case, the writ petition is disposed of in terms thereof and the respondents are directed to extend the monetary benefits to the petitioner for the period during which he was out of employment viz. from 26.09.1980 to 24.06.1993. No costs. _________________________ B.SESHASAYANA REDDY,J 25-02-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR} [1] 1998 (3) ALD 76