IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 21875 of 1999 Between: R.Chary (E.80420) S/o Bramhaiah, A.P.S.R.T.C., Huzurabad Depot, Huzurabad, Karimnagar District. ..... PETITIONER AND 1 Regional Manager, A.P.S.R.T.C., Karimnagar Region, Karimnagar 2 Depot Manager, A.P.S.R.T.C., Huzurabad Depot, Huzurabad, Karimnagar District. 3 Personal Officer O/o the Regional Manager, A.P.S.R.T.C., Karimnagar Region, Karimnagar .....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 a Writ or Order or Direction, especially one in the nature of Writ of Mandamus:- i) To declare the Impugned Oﬃce Order No. E2/225 (21)/97-RM/Kr, dt.1-9-98 issued by the 3rd respondent as illegal, arbitrary, and set aside the same; ii) to restore the special grade pay of the petitioner, duly granting all the consequential reliefs; iii). Counsel for the Petitioner :MR.K.VASUDEVA REDDY Counsel for the Respondents : SMT.P.RAJANI REDDY The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 21875 of 1999 ORDER : The petitioner is working as a Driver in the Andhra Pradesh State Road Transport Corporation (APSRTC). In this writ petition, he has questioned the order, dated 1st September 1998, passed by the Regional Manager, Karimnagar Region, in oﬃce order No.E2/255(21)/97- RM/KR. 2. The petitioner was appointed as a Driver in APSRTC, on regular basis, on 06.01.1979. He was granted the Special Grade Pay on account of completing 12 years of service in the same category, by proceedings dated 30th June 1992 issued in proceedings No.E2/295(1)/92-DVM:KR. The above said Special Grade Pay granted to the petitioner is cancelled by the impugned proceedings. Hence, this writ petition. 3. It is the case of the petitioner that there are no reasons at all to cancel the Special Grade granted to him, as much as it was granted to him on account of his completing 12 years of service in the same category. It is submitted that such Special Grade is provided as an incentive for the employees who work in the same post for a considerable time due to stagnation in promotions. It is submitted that the said cancellation orders are passed without making any inquiry, and without issuing any notice to him and also without hearing him. 4. Though the writ petition is of the year 1999, no counter aﬃdavit is ﬁled. Even on a perusal of the impugned order, it is evident that there is no indication of issuing any prior notice to the petitioner, and also no reasons are recorded in the said order for cancellation of the Special Grade granted to him. As much as it is stated in the aﬃdavit that the petitioner was granted the Special Grade only after completing 12 years of service in the same cadre, as was being granted to all such employees, and in the absence of any counter, and further, as no reasons are recorded in the impugned order for cancellation of such Special Grade, I set aside the impugned proceedings dated 1st September 1998, passed in oﬃce order No.E2/255(21)/97-RM/KR. The respondents are directed to pay Special Grade Pay to the petitioner pursuant to the order dated 30th June 1992. However, it is made clear that if such pay is granted on account of any mistake, or for any other reason, it is open for the respondents to pass appropriate orders after issuing prior notice to the petitioner by giving reasons therein, and after hearing him. 5. Subject to above observations, the writ petition is allowed. No order as to costs. ______________________ R. SUBHASH REDDY, J 9th September 2008 ajr To 1 The Regional Manager, A.P.S.R.T.C., Karimnagar Region, Karimnagar 2 The Depot Manager, A.P.S.R.T.C., Huzurabad Depot, Huzurabad, Karimnagar District. 3 The Personal Officer O/o the Regional Manager, A.P.S.R.T.C., Karimnagar Region, Karimnagar