IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 14358 of 2009 Between: H.A Nayeem S/o Shaik Hyder A.P.S.R.T.C E.No.76715 Mankammathota,Karimnagar District ..... PETITIONER AND 1 A.P.S.R.T.C rep.by VC& MD Musheerabad,Hyderabad 2 The Depot Manager A.P.S.R.T.C Godavarikhani Depot Karimnagar 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 a writ order or directions more in the nature of writ of Mandamus directing the respondents herein to calculate the petitioner's retirement benefits based on the 2005 year Revised pay scales and pay the difference amount on retirement benefits with 18% interest of from the date of effect of Revised pay Scales to till today for delay in payment Counsel for the Petitioner:MR.P.GOVINDA RAJULU Counsel for the Respondent No.: SMT.P.RAJANI REDDY The Court at the stage of admission made the following O R D E R: Though this Writ Petition has been instituted seeking directions to the respondents to calculate the writ petitioner’s retirement benefits, based on the Revised Scales of Pay, 2005 and for payment of the differential amount together with interest at 18% per annum, learned counsel for the writ petitioner has filed a memo into the Court today, pointing out that the writ petitioner has been withdrawing his claim for payment of interest on the differential amount of the retirement benefits. The writ petitioner retired from the service of the Andhra Pradesh State Road Transport Corporation as an Assistant Depot Clerk, on attaining the age of superannuation on 31st May 2006. He was paid his terminal benefits taking into consideraton and account the last wages drawn by him, but however, the Corporation has taken a decision subsequently to revise the Scales of Pay of its employees with effect from 1st April 2005. Since the writ petitioner was in service as on 1st April 2005 of the Corporation, his pay was re-fixed in the Revised Scales of Pay, 2005. His pay was, ultimately, fixed at the stage of Rs.10,945/- per month as against the last wages drawn by him at Rs. 8,515/-. The differential amount, on the basis of this revision, has been worked out to Rs.16,020.50 ps. for the period from 1st April 2005 up to 31st May 2006 and it was also paid to the writ petitioner some time during the month of June 2007, but however, his retirement benefits have not been revised taking into account the revised last wages drawn by him. The writ petitioner has submitted several representations, but there is no response to them. Hence, he instituted the above Writ Petition. Terminal/retirement benefits payable to the employees are bound to be calculated, based upon the last wages drawn by them. It is a fact that the respondents have calculated the terminal benefits taking into account the last wages drawn by the writ petitioner as on 31st May 2006. If the pay of the employees is revised with retrospective effect, as has happened in this case, the last wages drawn by such employees also undergo a change. Therefore, a re- calculation of the terminal benefits payable to the employees was required to be undertaken, to make them fall in line with the requirement of calculating the terminal benefits, based upon the last wages drawn. Unfortunately, this exercise has not been carried out by the respondents so far. Therefore, with the consent of the learned Standing Counsel for APSRTC, I dispose of this Writ Petition at the stage of admission itself, with the following directions: The respondents will immediately undertake re-calculation of the terminal benefits already paid to the writ petitioner, taking into account the last wages drawn by him, based upon the Revised Scales of Pay of 2005. The differential amount so worked out will be paid to the writ petitioner on or before 31st October 2009. Any delay in settling the differential amount of terminal benefits to the writ petitioner beyond 31st October 2009 will carry interest at the rate of 6% per annum from 1st November 2009 onwards and it will be open to the Corporation to recover the amount of interest so payable to the writ petitioner from any of its employees, who are responsible for the delay in payment of such differential amount. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 21st July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}