IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.8957 OF 2011 Date:18-04-2011 Between:- S.Gadadharudu .. Petitioner And A.P.S.R.T.C., Mushirabad, Hyderabad, rep.by its Managing Director and another. .. Respondents ORDER:- This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not sanctioning the annual increment to the petitioner in the time scale of pay of Rs.19,000-1000- 39,000/- of the post of Personnel Officer though he has completed one year service in the said post as on 30.12.2009, as unjust and arbitrary and direct the respondents to sanction the annual increment to the petitioner in the post of Personnel Officer as on 31.12.2009, and fix his pay at Rs.26,000/-, and to draw difference of retirement benefits based on revised pay fixation. 2. The case of the petitioner is that he was initially appointed as Stenographer in respondent No.1 Corporation on 10.10.1975 and later, promoted to various higher posts according to his seniority. He was promoted as Personnel Officer on 28.11.2008. The time scale of post of Personnel Officer was Rs.12,500-600-23,300/-. On promotion to the post of Personnel Officer, his pay was fixed at Rs.16,100+Rs.55FP as on 31.12.2008. The rate of increment in the said time scale was Rs.600/-. He also passed the probation test for Personnel Officers. His probation ought to have been declared based on the work report and his passing the probation tests. No such action was taken by the respondents and he retired from service on 31.12.2009 on attaining the age of superannuation. He completed one year of service by 30.12.2009 as Personnel Officer, Mahabubnagar Region. But, he was not sanctioned annual increment due to him in the time scale of post of Personnel Officer though he has completed total service of one year as on 30.12.2009 and attained the age of superannuation on 31.12.2009. As he worked for one year continuously in the post of Personnel Officer, he ought to have been granted annual increment on completion of one year of service and his pay ought to have been fixed by giving annual increment in the said post. He is also entitled to retirement benefits of gratuity, earned leave encashment, provident fund, pension etc, after his pay is fixed by giving annual increment for the said service as Personnel Officer. His pay ought to have been fixed at Rs.26,000/- by adding the said annual increment. In this regard, he submitted representation to respondent No.2, dated 28.12.2009, but no action has been taken by respondent No.2 so far. 3. Heard both sides. 4. An increment shall ordinarily be drawn as a matter of course, unless it is withheld. In case the probation period in any particular post is only one year, increment will be granted to an employee after he is declared to have satisfactorily completed his period of probation. 5. Whether the petitioner is entitled to the annual increment on completion of one year service as a Personnel Officer; fixation of pay at Rs.26,000/- and the difference of retirement benefits based on revised pay fixation or not, have to be decided by the respondents- Corporation with regard to the rules and regulations governing the service conditions of the petitioner. The petitioner seems to have given a representation, dated 28.12.2009, for drawal of annual increment in the post of Personnel Officer. 6. Therefore, respondent No.2 is directed to pass appropriate order on the representation of the petitioner, dated 28.12.2009, in accordance with the rules and regulations governing the service conditions of the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 18th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.8957 OF 2011 Date:18-04-2011 AMD