IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18105 of 2009 Between: S.Kamalakar Rao, Hyderabad. ..... PETITIONER AND The Regional Mangaer, APSRTC, Ranga Reddy Region, Hyderabad and others. ...RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.18105 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not paying the gratuity amount to the petitioner for his out of employment period i.e., from 31.01.1972 to 17.9.1988 as arbitrary and illegal. It is not in dispute that the I.D.No.67 of 1987 was decided in favour of the petitioner on the basis of a compromise memo dated 19.5.1988 filed by both the parties to reinstate the petitioner into service within one month from the date of filing of the memo, with continuity of service but without back wages and without attendant benefits. I have heard the learned counsel for both the parties. Learned counsel for the petitioner at the outset, relied upon a decision of this Court in M.Rama Rao v. Assistant Traffic Manager, APSRTC, Central Bus Station, Hyderabad and another[1] and submitted that having regard to the ratio laid down in the said decision, the impugned action of the respondents cannot be justified. The petitioner therein was also similarly situated and this Court, after hearing both the parties, disposed of the writ petition with a direction to the Corporation to compute the gratuity payable to the petitioner taking into consideration out of employment period into account and after so computing to pay the balance of gratuity to the petitioner therein. Since admittedly, the petitioner herein is also similarly situated, following the above order, the writ petition is disposed of with a direction to the respondents to compute the gratuity and other benefits payable to the petitioner taking into consideration the service of the petitioner from 31.01.1972 to 17.09.1998 i.e from the date of suspension till the date of his reinstatement and pay the amounts within a period of eight weeks from the date of receipt of a copy of this order. No costs. _______________ Justice G.Rohini Date:28.08.2009 mrb [1] 1998(2)ALT 534