THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1092 OF 2005 DATED 10th DECEMBER, 2009 BETWEEN: P.Lalitha … Petitioner A n d Andhra Pradesh State Road Transport Corporation, Rep. by its Regional Manager, Nizamabad, and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1092 OF 2005 O R D E R The petitioner is the widow of a Driver who worked in the Andhra Pradesh State Road Transport Corporation (APSRTC). She filed the present writ petition aggrieved by the action of the APSRTC in not releasing the gratuity, FPS, notional increments and other monetary benefits of her husband and sought a consequential direction to do so. The petitioner’s husband was removed from service, which was challenged by him in I.D.No.31 of 1994 before the Labour Court-II, Hyderabad. By its Award dated 10.09.1996, the Labour Court set aside the order of removal passed against the petitioner’s husband and directed his reinstatement in service with attendant benefits, continuity of service and 25% of the back wages from the date of the petition till reinstatement. Aggrieved thereby, the APSRTC approached this Court by filing Writ Petition No.24762 of 1997. During the pendency of the said writ petition, the Award under challenge was stayed except for the relief of reinstatement. The petitioner’s husband was accordingly reinstated in service on 14.10.1997. However, he was found to be medically unfit to continue as a Driver on 30.12.1997, owing to loss of his vision. He was therefore made to go on leave without pay, having already availed permissible leave. He was retired on medical grounds on 30.12.1998 and thereafter, expired on 20.01.2002. In spite of his death, the APSRTC did not choose to pay the terminal benefits due to him on the ground that its writ petition, W.P.No.24762 of 1997, filed against the Award in I.D.No.31 of 1994, was pending before this Court. Thus, the petitioner filed the present writ petition. In the counter-affidavit filed by the APSRTC it was stated that the petitioner was paid the provident fund, gratuity, SBT and terminal benefits payable to her husband on the basis of his old pay. The same were paid pursuant to the interim order in this writ petition. It is now brought to my notice that this Court by order dated 16.03.2007 dismissed W.P.No.24762 of 1997 and the said order has become final. In the light of the dismissal of the said writ petition, the Award dated 10.09.1996 in I.D.No.31 of 1994 stands confirmed and accordingly the petitioner’s husband would be entitled to all attendant benefits consequent upon his reinstatement in service along with continuity of service and 25% of the back wages from the date of the said petition till his reinstatement. As the APSRTC has already paid the amounts due and payable to the petitioner’s husband on the basis of the old pay, it would be required to re-compute the benefits payable to him duly giving credit to the reliefs granted by the Labour Court–II, Hyderabad, in I.D.No.31 of 1994. The petitioner would also be entitled to 25% of the back wages as awarded by the Labour Court. Accordingly, there shall be a direction to the APSRTC to re- compute the amounts payable to the petitioner’s husband in accordance with the Award dated 10.09.1996 in I.D.No.31 of 1994 on the file of the Labour Court–II, Hyderabad, and pay the same to the petitioner within a period of two months from the date of receipt of a copy of this order. The writ petition is accordingly allowed to the extent indicated above, but in the circumstances of the case, without costs. -------------------------- SANJAY KUMAR,J 10th DECEMBER, 2009 PGS