IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27416 of 2008 Between: Mohd. Naseerullah ..... Petitioner AND Depot Manager, APSRTC, Rajendranagar Depot, Charminar Division, Hyderabad. .....Respondents Counsel for the petitioner : Sri Mohd. Ghouseuddin Counsel for the respondent : Sri K. Madhava Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27416 of 2008 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Writ of Mandamus to declare the action of the respondent in not paying gratuity for the out of service period, as illegal and arbitrary. At the hearing, it is admitted by the learned Standing counsel for the APSRTC that the issue raised in this writ petition, namely, payment of gratuity for the period during which the petitioner is out of service is covered by the judgment of this Court in M. Rama Rao v. Assistant Traffic Manager, APSRTC, Hyderabad and another[1] in favour of the petitioner. In view of the same, the respondent is directed to treat the period between 16.10.1987 and the petitioner’s reinstatement as “on duty” for the purpose of payment of gratuity. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.35909 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 01.05.2009 ES [1] 1998 (3) ALD 76