IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12932 of 2008 Between: K.M.Hussain E.78247 S/o.late Shaik Hussain R/o.H.No.17-2-917, Rein Bazar, Yakutpura, Hyderabad. ..... PETITIONER AND The Depot Manager, A.P.S.R.T.C. Jeedimetla Depot, Ranga Reddy District. .....RESPONDENT 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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, not settling the terminal benefits/amounts of the petitioner in pursuance of the removal proceedings No.E1/255(02)/2005-jdm DT. 07.11.2005 is violative to Rule-19 (4) of Industrial Employment Standing Orders A.P. Rules, 1953 and illegal, arbitrary and against the principles of natural justice, consequently direct the respondent to release the terminal benefits forthwith as per law and pass such other order or orders. Counsel for the Petitioner:MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12932 of 2008 ORDER: The petitioner was employed as a Conductor in the Jeedimetla Depot of A.P.S.R.T.C. Disciplinary proceedings were initiated against him, alleging that he was unauthorizedly absent from 02.03.2005. After conducting a departmental enquiry, the respondent passed an order, dated 07.11.2005, removing the petitioner from service. It appears that the order of removal has become final. The grievance of the petitioner is that he is not paid the service benefits, though more than two years have elapsed. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Even where, an employee is dismissed or removed from service, the employer cannot withhold the benefits payable to him, unless any specific orders of forfeiture thereof are passed. The order, dated 07.11.2005, does not disclose that any amounts payable to the petitioner towards service benefits are forfeited. Even assuming that the petitioner did not return the family bus pass or uniform or other articles, as directed in the order, dated 07.11.2005, the benefits payable to the petitioner cannot be withheld. At the most, they can deduct the value of the articles directed to be returned. Hence, the writ petition is disposed of, directing the respondent to settle the accounts of the petitioner, 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. _________ 23.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12932 of 2008 Date: 23.06.2008 JSU