IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 475 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/07/2008 in WP NO : 15629 OF 2008 on the file of the High Court.) Between: 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. ..... APPELLANTS AND Mr.Koti Reddy A/o. Sri. Pitti Reddy R/o. H.No. 6-382, Vidyanagar - first lane, Maheshnagar, Narasaraopet. .....RESPONDENT Counsel for the Appellant: SRI C.PRAKASH REDDY(SC FOR APSRTC) Counsel for the Respondents: SRI. G.VIDYASAGAR The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 475 of 2009 JUDGMENT: (per Hon’ble Sri Justice VILAS V. AFZULPURKAR) APSRTC is in appeal aggrieved by the orders of the learned single Judge in WP No.15629 of 2008, dated 22.07.2008. The respondent herein, who was employed as conductor, submitted his resignation on 30.1.2004. Later, he made a representation that he was not in proper mental condition, and sought for withdrawal of his resignation. By order of the Management, dated 11.3.2004, the respondent was reappointed as conductor and he joined duty and has been working as such since 20.4.2004. While so, the respondent was served with an office order, dated 27.9.2007, which is impugned writ petition and under which, his pay was refixed in terms of Regulation 7(b) of the APSRTC Employees Regulations (for short, “the Regulations”) 1964. By the said order, excess amount paid to him prior to refixation of pay was also sought to be recovered. Questioning the same, the writ petition was filed by the respondent. The learned single Judge on consideration of the entire matter was of the view that so far as refixation of salary is concerned, the respondent herein cannot have any grievance and to that extent, the learned single Judge did not interfere with the order impugned in the writ petition. However, insofar as recovery of arrears is concerned, the learned single Judge directed that no recoveries or further recoveries shall be made on the ground of payment of excess amount over the refixed salary. To the extent of the aforesaid direction, the management of APSRTC is in appeal. We have heard the learned Standing Counsel and the learned counsel for the respondent. It is true that the respondent herein was reinstated into service and under the impugned proceedings, his pay was refixed. However, prior to the said refixation, for the excess amount of salary, what was paid by the management itself, the respondent cannot be faulted with. The learned standing Counsel relied upon Regulation 7(b) of the Regulations to claim that whenever an employee, whose resignation was accepted, is reappointed, his pay will be fixed afresh in terms of the said rule and accordingly, the pay fixation has been done. There is no dispute in respect of the refixation of salary of the respondent. But, insofar as recovery of arrears is concerned, the claim made by the appellant-management though technically appears to be correct as found by the learned single Judge, it should not result in undue recoveries from the respondent, who has been working as conductor. At this stage, in all fairness, the learned Counsel for the respondent submitted that the arrears proposed to be recovered would come about Rs.1,00,000/- and in order to achieve quietus to this litigation, the respondent would pay a sum of Rs.25,000/-, if appropriate installments are granted to him. Accepting the said suggestion, we dispose of the writ appeal by modifying the order under appeal and directing that the appellant- management shall be entitled to recover a sum of Rs.25,000/- towards arrears from the respondent and shall continue to pay the refixed salary under the proceedings impugned in the writ petition. However, it is made clear that the said amount of Rs.25,000/- shall be recovered at the rate of Rs.2,000/- p.m., from the salary of the respondent. Subject to the above modification, the writ appeal is disposed of. No order as to costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 22nd April, 2009 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :475 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Sri Justice VILAS V. AFZULPURKAR) 22nd April, 2009