HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No.8738 of 2009 Date: 07.10.2009 Between: S.G.S.U.Basha … Petitioner And The APSRTC, rep., by its Managing Director, Musheerabad, Hyderabad and another. … respondents HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No.8738 of 2009 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents-A.P.State Road Transport Corporation in not paying the terminal benefits to the petitioner including the gratuity for the removal period from 15.04.1983 to 18.11.1997 is arbitrary and illegal. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that the issue raised in this writ petition is squarely covered by the decision of this Court in M.Rama Rao v. Assistant Traffic Manager, APSRTC, Hyderabad and another[1], wherein it was held that the Management cannot deny payment of gratuity to the employee for the period for which he is out of employment. Heard both sides. It is not in dispute that by award dated 30.07.1997 in I.D.No.243 of 1994 on the file of the Court of the Industrial Tribunal-cum-Labour Court, the petitioner was directed to be reinstated with continuity of service. In the circumstances, following the order of this Court in M.Rama Rao’s case, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for payment of gratuity for the period from 15.04.1983 to 18.11.1997 in terms of the award in I.D.No.243 of 1994, within a period of two months from the date of receipt of this order. No costs. _____________ G.ROHINI,J Date: 07.10.2009 Note: Issue C.C. in one week B/o KLP [1] 1998 (3) ALD 76