HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1002 OF 2002 Dated 16-9-2010 Between: R. Bujanga Rao. …Petitioner. And: A.P.S.R.T.C. represented by its Depot Manager, Khammam Depot, Khammam. ...Respondent. HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1002 OF 2002 ORDER: This writ petition is filed seeking to declare the inaction of the respondent in releasing the monitory benefits in lieu of Earned Leave for the period from 15-3-1965 to 15-4-1974 even though the petitioner retired on superannuation on 31-10- 2000 as illegal and arbitrary and to direct the respondent to take appropriate action for release of the monitory benefits in respect of Earned Leave for the above said period. The case of the petitioner is that his services as conductor were regularized from 15-3-1965 and he was removed from service on 20-7-1972 and later, he was appointed as fresh conductor in Devarakonda Depot of Nalgonda District on 16-4- 1974. He questioned the said order of appointment as fresh conductor by filing I.D.No.250 of 1980 before the Labour Court, Hyderabad. The Labour Court, Hyderabad passed an award directing the respondent to treat his entire service i.e., continuity of service with all attendant benefits. Thereafter, he retired from service on superannuation on 31-10-2000. Even though the Labour Court awarded continuity of service with all attendant benefits, the respondent failed to grant the benefits of Earned Leave for the period from 15-3-1965 to 15-4-1974. Aggrieved by the same, the petitioner filed this writ petition. The respondent filed Counter affidavit wherein it is stated that he was appointed as conductor on casual basis with effect from 14-12-1964 and his services were regularized from 15-3- 1965. Subsequently, he was removed from service with effect from 20-7-1972 for certain serious cash and ticket irregularities and aggrieved by the same, he filed an appeal and the same was rejected on 14-9-1973. Subsequently, he filed a mercy petition before the Deputy Director of Operations (C) and the same was considered vide proceedings dated 28-12-1973 and he was reinstated into service as fresh conductor with effect from 4-11- 1974 and his services were regularized in the said post with effect from 4-11-1974. Thereafter, questioning the said action of appointing him as fresh conductor, he raised a dispute in I.D.No.250 of 1980 before the Labour Court, Warangal. The Labour Court modified the order of appointment directing the respondent to treat the appointment as reinstatement into service with continuity of service and other attendant benefits but without back wages. Heard the learned counsel and perused the material available on record. In the counter-affidavit filed by the respondent, it is stated that the petitioner is entitled for the earned leave with effect from 15-3-1965 till the date of his retirement. It is not known as to why the monitory benefits of earned leave were not released for the said period. In that view of the matter, I feel it appropriate to direct the respondent to release the monitory benefits in respect of the Earned leave for the period from 15-3-1965 to 15-4-1974 if not already released. Accordingly, this Writ Petition is allowed directing the respondent to release the monitory benefits in respect of the Earned Leave for the period from 15-3-1965 to 15-4-1974 if not already released within a period of eight weeks fro today. No costs. ____________________________ JUSTICE V.ESWARAIAH Dated 16-9-2010 Dvs HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1002 OF 2002 Dated 16-9-2010