IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9974 of 2008 Between: V.Manohar Reddy, S/o. Narsimha Reddy, APSRTC, Ranigunj-1 Bus Depot, Secunderabad, A.P., ..... PETITIONER AND 1 The Regional Manager, APSRTC, Secunderabad Region, JBS Complex, Picket, Secunderabad, A.P., 2 The Depot Manager, APSRTC, RNG-1 Bus Depot, Ranigunj, Secunderabad, A.P., .....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 the action of the respondents innot paying the gratuity amount to the petitioner for his out of employment period 25-04-1980 to 30.04.1986 i.e., from the date of removal to the date of reinstatement 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.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.9974 of 2008 ORDER: The petitioner was employed as Driver in the A.P.S.R.T.C., in the year 1977. He was removed from service on 25-04-1980, on disciplinary grounds. In the course of conciliation, certain settlement was arrived at, on 30-04-1986, whereunder he was reinstated into service with continuity of service and attendant benefits. Petitioner retired from service on 29-02-2008. His grievance is that the respondents are not extending the benefits, for the period, between the date of removal, and the date of reinstatement. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. Once the petitioner was reinstated into service with continuity of service and attendant benefits, he cannot be denied the retirement benefits for the period during which, he was out of service. Extension of the said benefit does not depend upon the actual physical service in the Corporation. In M. Rama Rao v. Assistant Traffic Manager, APSRTC, Hyderabad[1], this Court held that the employees are entitled to be paid the gratuity and other benefits during which, they are out of service, once they were reinstated with continuity of service. Following the same, the writ petition is allowed, directing the respondents to extend the monetary benefit to the petitioner for the period, between 25-04-1980 and 30-04-1986, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to cost. _______________________ L. NARASIMHA REDDY, J. Dt. 01-05-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} [1] 1983(3) ALD 76