IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20942 of 1999 Between: Md.Fazil, S/o Md.Mahaboob Ali, E.No.86918, R/o Tandur, R.R.District. ..... PETITIONER AND 1 The Andhra Pradesh State Road Transport Corp., rep. by its Manager Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Ranga Reddy Region, I.B.S., Hyderabad. 3 The Depot Manager, APSRTC, Tandur Depot, R.R.District. .....RESPONDENTS 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 call for the records from the 2nd and 3rd Respondents and issue, Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd and 3rd Respondents in not granting the notional increment in pursuance of the Award passed by the Addl. Industrial Tribunal-cum-Addl.Labour Court, Hyderabad in I.D.NO.211 of 86 dt:12-11-1990 with holding the notional increment as illegal, unjust contrary to law, discriminatory and also in violation of Article 14, 16 & 21 of the Constitution of India and grant all consequential benefits. Counsel for the Petitioner :MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents : (SC FOR A.P.S.R.T.C.) The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20942 of 1999 ORDER : In this writ petition, the petitioner, a Conductor working in Andhra Pradesh State Road Transport Corporation, seeks directions by way of Mandamus to declare the action of respondents in not granting the notional increments in pursuance of the Award dated 12.11.1990, passed by the Additional Industrial Tribunal-cum- Additional Labour Court, Hyderabad in I.D.No.211 of 1986, as illegal. 2. The petitioner was initially appointed as a Conductor in the respondent-Corporation on 6th of February 1980. On the ground that he indulged in misconduct by violating the APSRTC Employees (Conduct) Regulations, 1963, disciplinary proceedings were initiated against him, and ultimately, by order dated 1st December 1984, the petitioner was removed from service. Against the said order of removal, the petitioner has raised a dispute, which was referred to the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act’). The Labour Court, by its Award dated 12th November 1990, passed in I.D.No.211 of 1986, set aside the order of removal, and ordered for reinstatement of petitioner into service with continuity of service, but without back- wages and attendant benefits. 3. In the present writ petition, it is the case of the petitioner that inspite of continuity of service as ordered by the Tribunal, he was illegally denied the benefit of notional increments, while fixing his pay after reinstatement. But however, it is to be noted that in the judgment in the case of APSRTC v. S. Narsagoud, and in a further judgment in the case of APSRTC v. Abdul Kareem, the Hon’ble Supreme Court has considered the said aspect, and in clear terms, the Supreme Court held that merely because the continuity of service is ordered, in the absence of specific direction for grant of increments and award of back-wages, the delinquent-employee is not entitled for award of increments during the period, for which, he was out of service. 4. In view of the judgments referred to above, as in the present case there was no specific direction for award of increments, and further, as the petitioner was also denied the back-wages, he is not entitled for notional increments as prayed for. 5. Writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 20th August 2008 ajr To 1 The Managing Director, Andhra Pradesh State Road Transport Corp., Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Ranga Reddy Region, I.B.S., Hyderabad. 3 The Depot Manager, APSRTC, Tandur Depot, R.R.District.