WP/17060/2010 of Smt. B. Sarasamma, Vs The APSRTC, Rep by its Regional Manager, on 31 December 2010

ORAL ORDER:

The petitioner, the widow of a Conductor who servedin the Andhra Pradesh State Road Transport Corporation(APSRTC), seeks payment of Additional Monetary Benefitas per Circular No.111/1985 dated 13.9.1985.

The petitioner’s husband died on 2.2.2000. As per theaward dated 13.9.2004 passed by the Labour Court,Anantapur, in I.D. No. 46 of 2001, his removal from serviceunder proceedings dated 16.11.1999 was set aside and hewas visited with the lesser punishment of deferment of hisincrement for a period of two years. Taking note of hisdemise pending the proceedings, the Labour Court directed the APSRTC to pay the retirement benefits of the deceasedConductor to his legal heirs treating him as being in serviceas on the date of his death.

The petitioner appears to have sought compassionateappointment in the service of the APSRTC. As per the letterdated 24.8.2007 issued by the APSRTC addressed to aMember of Parliament, who espoused the petitioner’s case,she was asked to apply for Additional Monetary Benefit inlieu of employment as there were no vacancies available.Pursuant thereto, the petitioner made representations in2008 and again in 2009. Inaction on the part of the APSRTCconstrained her to file the present writ petition.

The counter affidavit filed by the APSRTC reflects thatthe retirement benefits due to the deceased Conductor weresettled and paid. However, in so far as the issue ofAdditional Monetary Benefit is concerned, it is stated that thematter is under process and would be paid as soon asnecessary sanctions are obtained. This counter was filed on30.8.2010.

Having itself offered to pay Additional MonetaryBenefit in lieu of alternate employment under its letter dated24.8.2007, it is not open to the APSRTC to protract thematter indefinitely and delay the rightful benefit due to thepetitioner in this regard. The writ petition is accordinglydisposed of directing the APSRTC to release the AdditionalMonetary Benefit, as presently obtaining under its revisedcirculars, to the petitioner within two months from the date ofreceipt of a copy of this order. No order as to costs.

December 31, 2010MAS

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Justice Sanjay Kumar