THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :4386 of 2010 DATED: 25-02-2010 Between: G.S.Rayudu. ..... PETITIONER And The APSRTC, Rep.by its Regional Manager, Kurnool Region, Kurnool District & 2 others. .....RESPONDENTS ORDER: The grievance of the petitioner is that the respondent authorities have not fixed his pensionary benefits on the basis of the Pay, which he was drawing at the time of retirement. In that context, he approached the authorities and gave a representation on 19-08-2008. However, no orders have been passed. Hence, he approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, this Hon’ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not paying pension based upon the salary last drawn i.e., the date of retirement as illegal, arbitrary and unjust and consequently direct the respondents to pay pension to the petitioner based upon the salary last drawn i.e., the date of retirement and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. 2. Heard learned counsel appearing for the petitioner and the learned standing counsel for APSRTC appearing for the respondents. 3. The law requires that the pensionary benefits have to be fixed on the basis of the last salary that was drawn. However, as it is the grievance of the petitioner that his pensionary benefits are not fixed on the salary, which was drawn by him at the time of retirement and a representation has also been given, respondents are hereby directed to re-consider the case of the petitioner and fix his pensionary benefits in accordance with the rules. 4. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 25th February, 2010. Tsy