IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.8970 OF 2011 Date:18-04-2011 Between:- I.Sarath Choudhary .. Petitioner And A.P.S.R.T.C., Mushirabad, Hyderabad, rep.by its Managing Director and others. .. Respondents ORDER:- This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not sanctioning the annual increment to the petitioner in the time scale of pay of Rs.27,800-1200- 49,400/- of the post of Deputy Chief Traffic Manager though he has completed one year service in the said post as on 02.01.2010, as unjust and arbitrary and direct the respondents to sanction the annual increment to the petitioner in the post of Deputy Chief Traffic Manager as on 03.01.2010, and fix his pay at Rs.42,200/- and to draw difference of retirement benefits based on revised pay fixation. 2. The case of the petitioner is that he was initially appointed as Traffic Supervisor in respondent No.1 Corporation on 15.06.1977 and later, promoted to the posts of Chief Inspector and Depot Manager according to his seniority. He was promoted as Deputy Chief Traffic Manager on 01.10.2008. The time scale of post of Deputy Chief Traffic Manager was Rs.18,300-750-31,800/-. On promotion to the post of Deputy Chief Traffic Manager, his pay was fixed at Rs.26,550/- on 03.01.2009. The rate of increment in the said time scale was Rs.750/-. He was promoted to the said post with probationary rights with effect from 11.08.2009. Subsequent to his promotion to the said post, he continued in the said post. He was due for retirement on 31.03.2010, on attaining the age of superannuation. He continuously worked in the said post for one year. So he ought to have been granted annual increment. His pay ought to have been fixed by giving annual increment in the said post. He is also entitled to retirement benefits of gratuity, earned leave encashment, provident fund pension etc, after his pay is fixed by giving annual increment for the said service as Deputy Chief Traffic Manager. His pay ought to have been fixed at Rs.42,200/- by adding the said annual increment. In this regard, he submitted representation, dated 08.01.2010, to respondent No.2, but no action has been taken by respondent No.2 so far. 3. Heard both sides. 4. An increment shall ordinarily be drawn as a matter of course, unless it is withheld. In case the probation period in any particular post is only one year, increment will be granted to an employee after he is declared to have satisfactorily completed his period of probation. 5. Whether the petitioner is entitled to the annual increment on completion of one year service as a Deputy Chief Traffic Manager; fixation of pay at Rs.42,200/- and the difference of retirement benefits based on revised pay fixation or not, have to be decided by the respondents-Corporation with regard to the rules and regulations governing the service conditions of the petitioner. The petitioner seems to have given a representation, dated 08.01.2010, for drawal of annual increment in the post of Deputy Chief Traffic Manager. 6. Therefore, respondent No.2 is directed to pass appropriate order on the representation of the petitioner, dated 08.01.2010, in accordance with the rules and regulations governing the service conditions of the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 18th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.8970 OF 2011 Date:18-04-2011 AMD