IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16213 of 2008 Between: A.C.Prakash S/o.Sambaiah Korutla Depot,Karimnagar District ..... PETITIONER AND 1 APSRTC.,rep.by its VC & MD., Musheerabad, Hyderabad 2 The Regional Manager,APSRTC,Karmnagar Karimnagar District 3 The Depot Manager, APSRTC,Korutla Depot Karimnagar 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 to issue a writ order or directions more in the nature of writ of mandamus declaring the office order dated 24.4.2002 passed by the 2nd respondent herein as illegal, and arbitrary, and set aside the same and further direct the respondents herein to allow family planning incentive incrment to the petitoner with effect from 1.4.1997 with all consequential benefits including arrears and pass Counsel for the Petitioner:MR.P.GOVINDA RAJULU Counsel for the Respondent No.: SMT.P.RAJANI REDDY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16213 of 2008 ORDER: The petitioner is employed as a Driver in the A.P.S.R.T.C. It is stated that his wife underwent family planning operation on 05.02.1997 and in terms of the circulars that were in force at the relevant point of time, an incentive increment was sanctioned to him. His wife is said to have died on 22.07.1998. In view of this development, the respondents have stopped the incentive increment. The petitioner married another woman in the year 1998 and stating that his second wife has undergone family planning operation after giving birth to one child, he is said to have submitted several representations, the latest being the one, dated 25.10.2007. He complains that no action has been taken thereon so far. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The circumstances, under which an employee can be sanctioned incentive increment for the family planning operation undergone by the employee or the spouse, are provided for under the Circulars issued from time to time. On finding that the petitioner became eligible for such an increment, he was granted, and thereafter, the same is said to have been withdrawn. The question as to whether the petitioner is now eligible to be sanctioned the incentive increment, on the ground that his second wife has undergone family planning operation, needs to be examined by the respondents, with reference to the clauses in the circulars. The matter cannot be kept pending indefinitely. Therefore, the writ petition is disposed of, directing the 2nd respondent to examine the representation, dated 25.10.2007, submitted by the petitioner and take necessary action thereon within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 28.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16213 of 2008 Date: 28.07.2008 JSU