IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.10465 OF 2011 Date:18-04-2011 Between:- M.V.Subbaiah .. Petitioner And A.P.S.R.T.C., rep. by its Regional Manager, Kadapa District and another. .. Respondents ORDER:- This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in not fixing the pay of the petitioner by adding increments consequent to the completion of punishment imposed by the Labour Court, Anantapur, in I.D.No.120 of 1996 and not paying his salary with effect from 01.11.1999 to 11.10.2002 as illegal and arbitrary, and consequently, to direct the respondents to fix his pay by adding increments and pay his salary for the said period. 2. The case of the petitioner is that he was appointed as Shramic on 12.05.1988 in respondent-Corporation and later, promoted to the post of Helper in the year 2007. Subsequently, after enquiry, he was terminated from service by respondent No.2 on the ground of absenteeism. Aggrieved by the said termination, he filed an appeal to the appellate authority and the same was rejected. Thereafter, he filed a review petition before respondent No.1, the Regional Manager, and the same was also rejected. He approached the Labour Court, Anantapur, and filed a case which was numbered as I.D.No.120 of 1996. The Labour Court passed an award, dated 30.04.1999, directing respondent No.2 to reinstate him into service with continuity of service but without backwages and attendant benefits and further imposed the punishment of withholding three annual increments without cumulative effect. He made a representation to the respondents for implementation of the Award but in vain. He filed E.P.No.21 of 2002 for implementation of the Award and sought attachment of property of respondent No.2. Respondent No.2 implemented the Award by reinstating him into service on 11.10.2002 but has not fixed his pay. In this regard, he has been making several representations to the respondents and the latest representation is made on 04.09.2009. But, the respondents have not taken any action. Hence, the Writ Petition. 3. Heard both sides. 4. The grievance of the petitioner is that in spite of completion of punishment imposed by the Labour Court, his pay has not been fixed. Admittedly, the Award of the Labour Court has become final. The Labour Court modified the punishment of removal as imposed by the disciplinary authority to that of withholding three annual increments without cumulative effect. After the punishment period is over, certainly the delinquent is entitled for fixation of pay duly giving the increments from time to time. This aspect of the case has to be resolved by the disciplinary authority. Therefore, the respondents are directed to take an appropriate decision and pass appropriate order in fixing the pay of the petitioner and arrears, if any, from the period from 01.11.1999 to 11.10.2002, in accordance with the Award passed by the Labour Court, Anantapur, in I.D.No.120 of 1996, within a period of eight (8) weeks from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 18th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.10465 OF 2011 Date:18-04-2011 AMD