IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15629 of 2008 Between: Mr.Koti Reddy A/o. Sri. Pitti Reddy R/o. H.No. 6-382, Vidyanagar - first lane, Maheshnagar, Narasaraopet. ..... PETITIONER AND 1 A.P.State Road Transport Corporation, Rep. by its Executive Director, Vijayawada and Visakhapatnam, Jawaharlal Nehru Bus Stand Complex, Vijayawada, Krishna District. 2 The Regional Manager, A.P.S.R.T.C., Guntur Region, Guntur. 3 The Depot Manager, A.P.S.R.T.C., Narasaraopet Depot, Narasaraopet. .....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 an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the Depot Manager, Narasaraopet in issuing proceedings No. P2/dated 27.9.2007 refixing the pay of the petitioner as Rs.4810/- in Place of Rs. 9115/- +45 as on 1.03.2007 as consequential revision in the salary from October, 2007 as illegal ad arbitrary (ii) direct the respondents to restore the pay of the petitioner in the basis pay of Rs.9115 +45 as on 1.3.2007 to gether with allowances attached to the basis pay with effect from October, 2007 onwards. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondents: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : ORDER: The petitioner was employed as a Conductor on 15.02.1985. He submitted resignation on 30.01.2004 and the same was accepted by the Depot Manager, Narsaraopet, the third respondent herein, with effect from 31.01.2004. The petitioner submitted representation to the Regional Manager, Guntur Region, the second respondent herein, stating that he submitted his resignation, at a time, when he was not in proper mental condition and prayed for withdrawal of the same. Through order, dated 11.03.2004, the second respondent had re-appointed the petitioner in terms of Regulation 7(b) of the A.P.S.R.T.C. Employees Regulations (for short “the Regulations”). Accordingly, the petitioner joined duty as Conductor, on 20.04.2004. The petitioner states that, he was reinstated into service on the same scale of pay, which he was drawing before accepting the resignation, and without any notice to him, the respondents re-fixed the pay to a minimum level. He challenges the same. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. It is not the case of the petitioner that either he was coerced, or compelled, by any one, to submit his resignation. It was only two months after the resignation was accepted that the petitioner made representation proposing to withdraw the same. Obviously, contemplating the situations of this nature, the Corporation has framed regulations providing for the manner in which an employee, whose resignation is accepted, can be re-inducted into service. Rule 7(b) of the Regulations mandates that whenever an employee, whose resignation is accepted, can be re- inducted into service, only in the minimum of pay scales and he shall not be entitled to any kind of benefit, as regards his past service. Even extension of this benefit is not mandatory. Though the second respondent directed that the petitioner be re-inducted into service, the petitioner was extended the pay scale contrary to Rule 7(b) of the Regulations. On realizing the same, the respondents have re-fixed the pay. No exception can be taken to such an action. However, inasmuch as the payment of salary to the petitioner, on a different pay scale, all through, has not been on account of any acts, or omissions, on his part, it is directed that the difference of amount shall not be recovered from him. No recoveries, or further recoveries, as the case may be, shall be made. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ____________________ Dt.22.07.2008 L.NARASIMHA REDDY, J GJ