IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 7216 of 2000 BETWEEN: 1 D.Basappa, S/o.Maribhimappa, Hindu,R/o.d.No.10-2-200B, Rayadurg Depot, Anantapur. 2 P.A.Basha, A.C.D.C., S/o.Kaseem Sabee, Anantapur District. 3 M.P.V.Swamy, S/o.M.P.Basaiah,Working at Rayadurg Depot, Anantapur District. 4 C.Subrahmanyam, A.P.S.R.T.C., Rayadurg Depot, Anantapur District. 5 A.Nagaraju, E.106986, S/o.Nagabhushanam, Working at Rayadurg Depot, Anantapur District. 6 N.S.Prasad, E.401546, S/o.Seshaiah,Working at Rayadurg Depot, Anantapur District. 7 P.V.Chalapathi, A.D.C., S/o.Seshaiah, Working at Rayadurg Depot, Anantapur District. 8 T.Sreenivasulu, Working at Rayadurg Depot, Anantapur District. ..... PETITIONERS AND 1 The A.P.S.R.T.C., Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C., Rayadurg Depot, Anantapur 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus directing the Respondents to refix the petitioners salary by giving notional increments during the period of we were out of service and grant the consequential benefits from the date of the petitioner reinstatement into service by holding that the petitioners entitled to notional increments during the period we were out of service in view of the Awards that all of was given continuity of service of and reinstatement by the concerned Labour Tribunal without backwages only and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners : MR.RAJA REDDY KONETI Counsel for the Respondents : SMT.W.V.S.RAJESWARI The Court made the following : ORDER : All the petitioners herein, who have suffered adverse orders in disciplinary proceedings individually, seek declaration by way of Mandamus to direct the respondents to re-fix their salaries after reinstatement pursuant to the award of the Tribunal, by extending the benefit of notional increments. 2. The petitioners herein are working as Conductors and Assistant Depot Clerks in the Andhra Pradesh State Road Transport Corporation. On different grounds at different times, disciplinary proceedings were initiated against them and they have suffered adverse orders in those proceedings, against which, they raised industrial disputes. In the industrial disputes, the Tribunal has passed the awards, directing reinstatement of petitioners with continuity of service. Accordingly, they were reinstated on different dates from 1991 to 1999. After waiting for a substantive period, they have filed this writ petition stating that after reinstatement, while fixing their pay, the respondents have not extended the benefit of notional increments, though benefit of continuity of service is awarded by the Tribunal. 3. The question whether the workmen who are out of service for a certain period, are entitled for the benefit of notional increments when the benefit of continuity of service is given, is considered by the Hon’ble Supreme Court in the case of APSRTC v. Abdul Kareem[1], and in J.K.Synthetics Ltd. v. K.P.Agrawal[2]. 4. In the aforesaid judgments, the Hon’ble Supreme Court has taken the view that unless there is a specific direction to extend the benefit of notional increments for the period for which the workmen were out of service, the workmen are not entitled for notional increments for such period, merely because the benefit of continuity of service is given. It is also to be observed that because the petitioners were out of service due to disciplinary proceedings, in case the benefit of notional increments is extended to them, it amounts to granting the premium on their misconduct. In all these cases, it is not in dispute that no specific directions were issued for grant of notional increments. In that view of the matter, I do not find any illegality in not extending the benefit of notional increments for the period for which the petitioners were out of service, while fixing their pay after reinstatement. 5. For the aforesaid reasons, I do not find any merit in this writ petition, which is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 25th November 2008 ajr [1] (2005) 6 SCC 36 [2] (2007) 2 SCC 433