WA/1404/2011 of A.P.State Road Transport Corporation, represented by its Vs M.Koteswara Rao, on 29 December 2011

HON'BLE SRI JUSTICE GHULAM MOHAMMEDAND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

WRIT APPEAL NO. 1404 OF 2011

Between:

A.P. State Road Transport Corporation, represented by itsExecutive Director, Mahatma Gandhi Bus Station,Hyderabad and three others

………….PETITIONERS

AND

M. Koteswara Rao, S/o Veeraiah, APSRTC

………….Respondent

JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed)

This Writ Appeal is directed against the order dated 25.11.2009 passed in W.P.No. 6316 of 2006 by thelearned Single Judge of this Court allowing the writ petitioninstituted by the appellants herein.

Brief facts of the case are that the respondent herein has retired from service of the APSRTC on 30.06.2005and he filed Writ Petition challenging the order dated31.5.2005 passed by the second appellant, wherein therequest of the respondent to take into consideration theperiod from 9.11.1995 to 24.5.1997 for the purpose ofcomputing earned leave was rejected. The learned SingleJudge following the order of this Court in W.P.No. 17438 of2001 dated 18.3.2002, wherein this Court had directed theCorporation to treat the removal period as qualified servicefor the purpose of payment of gratuity and earned leave,calculate the amount payable to the petitioner therein andrelease the same within a period of three months, allowedthe Writ Petition by setting aside the impugned order dated31.5.2005 directing the appellants herein to calculate theleave encashment as well as gratuity to which the respondent is entitled to for the period from 9.11.1995 to24.5.1997 and release the same within a period of eightweeks from the date of receipt of a copy of that order.

Though the Corporation preferred an Appeal(WA.No. 1125 of 2002), the same was dismissed and eventhe Special Leave Petition (SLP (C) NO. 22830 of 2003),preferred before the Supreme Court, was also dismissedby order dated 12.12.2003.

Hence, we see no reasons to interfere with the orderpassed by the learned Single Judge. Accordingly, the WritAppeal is dismissed. There shall be no order as to costs.

________________________

GHULAM MOHAMMED, J

_______________________________

NOOTY RAMAMOHANA RAO, J

DATE: 29.12.2011KA

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