IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No :22663 of 2009 Between: A.Mallaiah, Malkapur, Karimnagar District. ..... PETITIONER AND APSRTC rep by its VC & MD Musheerabad, Hyderabad and another. .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI Writ Petition No.22663 of 2009 ORDER: This writ petition is filed aggrieved by the action of the respondents-Andhra Pradesh State Road Transport Corporation in not paying the balance gratuity amount to which the petitioner is entitled for the period from 21.3.1986 to January 1990 and from 22.6.1996 to December, 2000 in terms of the award passed by the Labour Court in I.D.No.171 of 1996, dated 3.8.2000 as well as the order of this Court in W.P.No.10677 of 1990 dated 29.10.1990, as arbitrary and illegal. 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 therein 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 21.3.1986 to January 1990 and from 22.6.1996 to December, 2000 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:22.10.2009 mrb [1] 1998(2)ALT 534