IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 16715 of 2008 Between: T. Buchaiah S/o. Narsaiah R/o. 1-11, Vidyanagar Colony Near Housing Board Colony, Miryalaguda, Nalgonda District. ..... PETITIONER AND 1 APSRTC, Rep. by its Regional Manager, Nalgonda Region, Nalgonda District. 2 APSRTC, Rep. by its Depot Manager, Miryalaguda Bus Depot, Nalgonda District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing proceedings No. P4/785(2w)/2007-RM.N dt. 25-10-2007 is illegal, arbitrary unjust and consequently set aside the same by the directing the respondents to pay the additional monetary beneﬁts to the petitioner as per 6(A) 5 of APSRTC Employees Service Regulations and pass such further other order or orders. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondents: SMT.B.G.UMA DEVI The Court made the following ORDER: The petitioner was employed as a Driver in the A.P.S.R.T.C. He was medically unﬁt and as such, he was retired on medical grounds on 13.07.2007. He was extended various beneﬁts, but not the additional monetary beneﬁt as provided for under relevant Circulars and Regulations of the Corporation. On an earlier occasion, the petitioner approached this Court by ﬁling W.P.No.13372 of 2007 complaining that the respondents withheld the additional monetary beneﬁt. The said writ petition was disposed of on 26.06.2007, with a direction to the respondents to pass appropriate orders on the representation, dated 07.09.2006. In compliance with the directions of this Court, the ﬁrst respondent issued proceedings, dated 25.10.2007. The fact that the petitioner was retired on medical grounds and that he is entitled for the monetary beneﬁt is not disputed. It is however, stated the additional monetary beneﬁt was withheld for the petitioner, on account of the fact that the disciplinary proceedings are contemplated against him, on the basis of a complaint received about his social status. The petitioner challenges the said proceedings. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner did not attain the age of superannuation. He was retired on medical grounds. On account of the premature termination of services, the Corporation itself evolved a scheme for payment of additional monetary beneﬁt. The respondents withheld such beneﬁt only, on the ground that a complaint has been received against the petitioner, as regards his social status. For the past two years, not even a charge sheet was issued to the petitioner. As of now, he is not the employee of the Corporation and no provision of law is cited in support of the action of the respondents. The beneﬁts provided for under the Circulars or Regulations are not bounty and are in return for the services rendered by the petitioner. When there is no provision for withholding of such beneﬁts, the respondents are not at all justified in issuing the impugned proceedings. Hence, the writ petition is allowed and the impugned order is set aside. The respondents are directed to release the additional monetary beneﬁt to the petitioner, within a period of four weeks from today. In default, the amount shall carry interest from the date on which the petitioner was retired on medical grounds at the rate of 12% per annum. This order shall not be treated as a declaration of rights of the petitioner or the Corporation, as regards the steps that can be taken in the event of the caste certiﬁcate produced by the petitioner being found not genuine. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt:08.08.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}