THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.34999 of 1998 Dated 30-01-2008 Between: Katta Vinay Sagar. ..... PETITIONER AND The Depot Manager, APSRTC, Suryapet, Nalgonda District & another. .....RESPONDENTS THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.34999 of 1998 O R D E R: Questioning the action of the respondents in not granting annual grade increments to the petitioner with effect from April, 1992, and in not giving him the benefit of fixation of pay, the present writ petition is filed. While the petitioner was working as Conductor in the respondent-Corporation, he was placed under suspension in the year 1988 and was, subsequently, imposed the punishment of reduction in pay by two years with cumulative effect. Further, the period of suspension was treated as not on duty. The petitioner was reinstated into service on 06-04-1990. Petitioner contends that he is entitled for increments with effect from April, 1992, and though six years had elapsed since then, neither was his basic pay fixed nor his increments and other consequential benefits released. In the counter affidavit, it is stated that the petitioner was appointed as a Conductor on 17-08-1979, that he was placed under suspension from 12-06-1984 for certain cash and ticket irregularities and that he was removed from service on 07-12-1984. On appeal, the Divisional Manager, Nalgonda, vide proceedings dated 15-04- 1985, modified the punishment of removal to that of deferment of increments for a period of 5 years, which would have effect on future increments. It is further stated that the petitioner had reported for duty on 15-05-1985 and, thereafter, had again committed cash and ticket irregularities, for which, he was imposed the punishment of deferment of increments for a period of one year with cumulative effect. It is stated that the petitioner was placed under suspension with effect from 08-09-1988 and was removed from service with effect from 24-04-1989. On a review petition being submitted by the petitioner, he was reinstated into service, the period of suspension was treated as not on duty and, subsequently, he reported for duty at Narayanakhed Depot on 28-06-1990. In the counter affidavit, a chart is detailed from which it is evident that the petitioner’s reduced pay was restored to his original pay from Rs.1,175/- to Rs.1,245/-, that his pay was fixed in the 1993 revised pay scales, that his pay was restored with effect from 03-09-1996, that again he was fixed in the 1997 revised pay scales, that his pay was increased with effect from 01-09-1997 and again from 01-09-1998 and that he was allowed to take two increments as per his eligibility. In view of the averments in the counter affidavit, it is evident that the allegations in the affidavit filed in support of the writ petition, regarding the inaction of the respondents in not giving the benefit of increments and fixation of pay scales to the petitioner, are without basis. Since the petitioner has already been granted this benefit, there is no need to give a direction to the respondents to extend the said benefit. The Writ Petition fails and is, accordingly, dismissed. There shall be no order as to costs. _______________ 30-01-2008 usd