Telangana High Court

WP/40885/2014 of S. Krishnaiah, Vs APSRTC, on 31 December 2014

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R.KANTHA RAO Writ Petition No.40885 of 2014 Date: 31-12-2014 Between S.Krishnaiah … Petitioner and APSRTC, Rep. by its MD, Bus Bhavan, Musheerabad, Hyderabad; and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40885 of 2014 Order: Heard Sri

HON’BLE SRI JUSTICE R.KANTHA RAO

Writ Petition No.40885 of 2014

Date: 31-12-2014

Between

S.Krishnaiah

… Petitioner

and

APSRTC,Rep. by its MD,Bus Bhavan, Musheerabad,Hyderabad;and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAOWrit Petition No.40885 of 2014

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Order:

Heard Sri V.Narasimha Goud, learned counselappearing for the petitioner and Smt. D.Radhika, learnedStanding Counsel appearing for the respondents 1 to 3-Corporation.

2. The petitioner worked as a conductor in therespondents 1 to 3-Corporation. He was appointed on 21-12-1982. He was removed from service on 30-11-2000 on the allegation of absenteeism. Thereafter, he raised I.D.No.3 of 2012 and the Labour Court by awarddated 24-6-2013 set aside the removal order dated 30-11-2000 passed against the petitioner and directed to treatthe petitioner’s service as if he is in service from the dateof absent till the date of retirement.

3. In this context, it is to be noticed that while the I.D.was pending, the petitioner retired from service onattaining the age of superannuation on 30-6-2012.

The Labour Court specifically mentioned in that award thatthe petitioner is not entitled for back wages, attendantbenefits and notional increments from the date of removaltill the date of retirement. However, it is made clear by theLabour Court that the service of the petitioner from thedate of removal till the date of superannuation i.e. from 30-11-2000 to 30-6-2012 shall be taken into consideration forthe purpose of retirement benefits. Therefore, the reliefprayed for in the writ petition viz., that for the purpose ofcomputing the retirement benefits, the period from thedate of removal till the date of superannuation shall betaken into consideration, can be granted to the petitionerin the present writ petition. Consequently, the petitionerwith the same request made a representation to therespondents 1 to 3-Corporation on 30-10-2013.

4. In the above circumstances, this writ petition isallowed directing the respondents 1 to 3-Corporation toconsider the representation dated 30-10-2013 made by the petitioner whereunder he sought to calculate the retiralbenefits taking into consideration the period from the dateof removal till the date of superannuation in terms of theaward passed by the Labour Court in the I.D. within aperiod of 2 (two) months from the date of receipt of a copyof this Court. The miscellaneous petitions, if any, pendingin this writ petition shall stand closed. No costs.

___________________

R.KANTHA RAO, J.

31[st] December, 2014.Ak

HON’BLE SRI JUSTICE R.KANTHA RAO

Writ Petition No.40885 of 2014

31[st] December, 2014.(Ak)

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