IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12476 OF 2011 Date:27.04.2011 Between:- V.Jagadeswara Chary .. Petitioner And APSRTC., Mushirabad, Hyderabad, rep.by its Managing Director and others. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of Mandamus to declare the action of the respondents in not arranging payment of retirement benefits of earned leave encashment, difference of salary and difference of gratuity consequent on Revision of Pay Scales, 2009 and the last month salary to the petitioner as unjust and arbitrary and consequently, to direct the respondents to arrange payment of the said amount with interest at 12% from 01.08.2009. 2. The case of the petitioner is that he was appointed as Conductor in the respondent Corporation in the year 1975 at Repalle Depot and was promoted as Assistant Depot Clerk in January, 2006 and posted to Bapatla Depot. He reported to duty on 05.01.2006. He was asked to work as Assistant Depot Clerk (Traffic) and was transferred as Assistant Depot Clerk (Oils) on 15.06.2007 in the garage. While working as Assistant Depot Clerk at Bapatla, he had not handed over any tools and plants in traffic section and was also not handed over any oils in garage section by the previous Assistant Depot Clerk. He was promoted as Depot Clerk in October, 2008 and posted to Repalle Depot and was relieved on 14.10.2008 at Bapatla Depot by sending his musters to Repalle Depot without notice. He reported at Repalle Depot and worked from 14.10.2008 to 31.07.2009 till the date of attaining the age of superannuation. He was paid Rs.62,143/- towards provident fund and Rs.2,59,820/- towards gratuity. He is entitled to leave encashment, difference of salary from 01.04.2009 to 31.07.2009 and difference of gratuity consequent on revision of pay scales, 2009 and settlement salary (last month salary). In spite of oral requests, no action was taken by respondent No.3. He got issued a legal notice, dated 28.09.2010, to respondent Nos.2 to 4 for payment of retirement benefits amounting to Rs.2,00,000/-. Respondent No.3 issued a letter, dated 23.10.2010, advising him to attend the Depot to hand over the charge of Depot Clerk at Bapatla and Repalle depots. He approached respondent No.3 and informed that he was not given any tools and plants items and no oils handed over to him, and he informed that consequent on his retirement, one Sri M.P.Rao has taken over the post of Depot Clerk (Earnings) as per the orders of respondent No.3. The respondents have not released the balance retirement benefits to him though he retired on 31.07.2010. 3. The grievance of the petitioner is that in spite of issuing legal notice, the papers relating to the retirement benefits have not been processed by respondent No.3 and therefore, prays to allow the petition. 4. Learned counsel for respondent No.3 stated that the petitioner has to be present before the concerned official for the purpose of filing claim form and other documents so that his papers would be processed. 5. To avoid any further complications, the petitioner has to present before the concerned official for the purpose of filing the claim form and such other documents, which are necessary for the purpose of processing the papers. Therefore, the petitioner is directed to present in person before the concerned official of respondent No.3 for submitting the claim form and such other documents, which are required for the purpose of processing his papers relating to retirement benefits. After his presence, respondent No.3 has to take appropriate decision and pass appropriate order in releasing the benefits in accordance with the rules and regulations of the Corporation within a period of six (6) weeks. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 27th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12476 OF 2011 Date:27-04-2011 AMD