THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.1696 OF 2004 O R D E R Heard both the counsel. 2. The petitioner is an ex-service man and worked for the Union of India in defence as CORPS – MEG and after retirement from defence services, he was appointed as Driver under ex-service men quota on 7.4.1980 in the Andhra Pradesh State Road Transport Corporation and posted to Nuzvid Depot. Now the grievance of the petitioner is that the 3rd respondent – Depot Manager, A.P.S.R.T.C., Nuzvid Depot through proceedings No.P2/30(1)2001-NZD dated20.1.2004, based on the audit objection that dearness allowance shall be drawn either in the APSRTC or in his pension bill and as the dearness allowance is being drawn in the pay, ordered that the diﬀerence of dearness allowance excess paid to the petitioner from 7.4.1980 be recovered at the rate of Rs.1,000/- per month and the remaining balance shall be recovered from his terminal beneﬁts as the employee retires from service on 30.4.2004 and stop to pay dearness allowance from the current month i.e., January, 2004 salary bills,. Referring to various proceedings issued by the State and Central Governments, the case of the petitioner is that, he is entitled for the dearness allowance both on his pension, which is paid to him as he is a retired ex- servicemen and also on his salary, as he is working as a Driver in the Corporation. 3. The learned counsel for the petitioner submitted that the petitioner, subsequent to filing of the writ petition, retired from service. 4 . The learned Standing Counsel for the 3rd respondent – Corporation produced copy of the circular No.PD-49/2007 dated 8.10.2007 issued by the Corporation, where under, it was clariﬁed that the ex-servicemen (military pensioners) who were re-employed in APSRTC and whose pay was ﬁxed at the minimum of the pay scale attached to the post, are eligible to draw dearness allowance in full in the Corporation. 5. In view of the above circular, the writ petition is disposed of directing the Corporation to consider the case of the petitioner for grant of dearness allowance in the light of the circular dated 8.10.2007, if not already considered, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. No costs. AVS ---------------------------------- 29—07—2008 Note: Issue C.C. in two days. B/O