IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF DECEMBER, TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.33011 of 2011 Between: Kagana Babu Rao … Petitioner And APSRTC., Rep.by its Vice Chairman & Managing Director, Musheerabad, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.33011 of 2011 ORDER: The petitioner was appointed as casual Driver in the respondents Corporation on 12.10.1992. Through the order dated 28.12.2004, the petitioner was removed from service. The petitioner filed I.D. No.33 of 2007 and the learned Tribunal passed the following order on 27.05.2009. “In the result, the petition is allowed. The order of removal of petitioner from service passed by the Depot Manager, Parvathipuram on 28-12-2004, is set aside. The punishment is modified to deferment of two annual increments without cumulative effect. The petitioner is ordered to be reinstated within a period of 30 days after publication of award by the management. The petitioner is not entitled to back wages, but entitled to other service benefits including continuity of service. No order as to costs.” The grievance of the petitioner is that though he is reinstated into service, his pay scale was not fixed giving the benefit of increments for the period during which he was out of service. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents Corporation and perused the material on record. The learned counsel on either side submitted that this matter is squarely covered by the order dated 25.08.2011 passed by this Court in W.P. No.18854 of 2011, which reads as under: “The order of removal, passed against the petitioner, was set aside by the Labour Court. Except denying the back wages, all other reliefs were granted. That, naturally would entitle the petitioner, to be placed in the scale of pay, as though he continued to work. There cannot be any justification for the respondent in not extending the benefit, which was granted by the labour Court. Hence, the writ petition is disposed of, directing the respondent to re-fix the salary of the petitioner in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.” From a perusal of the said order, this matter is squarely covered with the said order as in the instant case also the learned Tribunal while setting aside the order of removal of the petitioner imposed the punishment of deferment of two annual increments without cumulative effect. Further, the petitioner was reinstated into service without back wages but ordered that the petitioner is entitled to other service benefits including continuity of service. Hence, following the aforesaid order, this writ petition is disposed of directing the respondents to re-fix the salary of the petitioner in accordance with law, within a period of six weeks, from the date of receipt of a copy of this order. With the above direction this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 16.12.2011 LSK