IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No. 14799 of 2007 Between: J. Venkataiah S/o. Kanakaiah R/o. 7-1-168, Opp. New Bus Stand, Hanamkonda, Warangal District, died per L.Rs. J. Amrutha and others. ..... PETITIONERS AND 1 The APSRTC, Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Warangal. 3 The Depot Manager, Warangal-I Depot, Warangal. .....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 call for the records from the respondents herein by issuing a writ, order or direction more particularly one in the nature of writ of Mandamus by declaring the proceedings No. E2/756(4)/2004-WL- I dt. 26-2-2007 in appointing the petitioner as Shramik-II Just 2 days before attaining the age of superannuation on 28-2-2007 only to deny additional monetary benefits as calculated by the Respondents as arbitrary, illegal, discriminatory unjust and contrary to law and also in violation of regulations of the respondents herein and also in violation of Articles 14,21 of the Constitution of India and consequently direct the respondents to pay additional monetary benefits calculated by them for a sum of Rs. 2,87,277/- and other service benefits alternatively direct the respondents to pay full salary to the petitioner for the period he was kept out of service till his superannuation i.e, 28-2-2007 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.P.SRIDHAR RAO Counsel for the Respondents: SMT.P.RAJANI REDDY (SC FOR APSRTC) The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.14799 OF 2007 ORDER: This writ petition is filed seeking a Mandamus declaring the proceedings No.E2/756(4)/2004-WL-I, dated 26.02.2007, of the 3rd respondent- Depot Manager, Warangal-I Depot, Warangal, appointing the petitioner as Shramik-II just two days before his attaining the age of superannuation, in order to deny additional monetary benefits payable to him, as arbitrary, illegal, discriminatory and violative of the Articles 14 and 21 of the Constitution of India. It appears, the 1st petitioner, while working as Driver in A.P. State Road Transport Corporation at Warangal-I Depot, was made to retire on medical grounds with effect from 15.07.2004 offering additional monetary benefits and other service benefits. However, the 1st petitioner insisted upon providing alternative employment to him and, when the same was not provided, he filed W.P.No.15538 of 2006 before this Court and the same was disposed of on 28.07.2006 directing the Corporation to consider the case of the 1st petitioner for providing alternative employment as per the provisions of Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Thereupon, the respondent Corporation considered the case of the 1st petitioner and resolved to appoint him as Shramik with effect from 26.02.2007, two days before his attaining the age of superannuation on 28.02.2007. While so, the grievance of the 1st petitioner is that neither he was paid the benefits under Regulation 6-A (5) of the A.P. State Road Transport Corporation Employees’ (Service) Regulations (for short ‘the Regulations’) nor he was provided alternative employment immediately after his retirement on medical grounds on 15.07.2004 nor immediately after the orders were passed by this Court on 28.07.2006 in Writ Petition No.15538 of 2006 filed by him. But, the Corporation provided alternative employment to him only on 26.02.2007 i.e. just two days before attaining the age of superannuation on 28.02.2007. Thereby, he lost the benefits under Regulation 6-A (5) of the Regulations as well as salary for the period from the date of his retirement on medical grounds till the date of his appointment as Shramik on 26.02.2007. Heard both sides. This appears to be a very unfortunate case where the 1st petitioner, who was retired on medical grounds with effect from 15.07.2004, was provided with alternative employment and appointed as Shramik with effect from 26.02.2007, as per the directions of this Court, and he worked for two days and had to retire from service on 28.02.2007, on attaining the age of superannuation, before he could realize that he joined in the service of the Corporation again. It is very regrettable that an employee, while trying to workout his remedies as available under the law, attained the age of superannuation. Under those circumstances, the respondents are directed to consider payment of additional monetary benefits payable to the 1st petitioner, in lieu of employment, under Regulation 6-A (5) of the Regulations, to his legal representatives- petitioners 2 to 5, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 20th February, 2008. IBL To 1. Two CCS to 2. Two CD Copies