Andhra Pradesh High Court
WP/15220/2025 of SHAIK CHAND BASHA Vs THE STATE OF AP on 18 September 2026
for orders : Date of pronouncement : Date of uploading : APHC010303382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15220/2025 Between: 1.
Date of reserved for orders :
Date of pronouncement :
Date of uploading :
APHC010303382025
IN THE HIGH COURT OF ANDHRA
PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
SATURDAY, THE 19th DAY OF SEPTEMBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 15220/2025
Between:
1. SHAIK CHAND BASHA, S/O. SHAIK KADHARVALI, AGED
62 YEARS, RETIRED EMPLOYEE, R/O. NALLABANDA
STREET,
NEAR
MADINA
MASJID,
GIDDALURU,
PRAKASAM DISTRICT.
...PETITIONER
AND
1. THE
STATE
OF
AP,
REP.BY
ITS
PRINCIPAL
SECRETARY, DEPARTMENT OF ROAD BUILDINGS AND
TRANSPORT, A.P SECRETARIAT, AMARAVATI CAPITAL
CITY,
VELAGAPUDI
POST,
THULLUR
MANDAL,
GUNTUR DISTRICT.
2. STATE OF ANDHRA PRADESH, REP.BY ITS SPECIAL
CHIEF SECRETARY, DEPARTMENT OF FINANCE AND
PLANNING, A.P SECRETARIAT, AMARAVATI CAPITAL
CITY, VELAGAPUDI POST,THULLUR MANDAL, GUNTUR
DISTRICT.
3. APSRTC, REP.BY ITS CHAIRMAN AND MANAGING
DIRECTOR, BUS BHAVAN, PNBS, VIJAYAWADA.
4. EXECUTIVE DIRECTOR, APSRTC, NELIORE.
5. REGIONAL MANAGER, APSRTC, ONGOLE, PRAKASAM
DISTRICT.
6. THE EXECUTIVE ENGINEER, APSRTC, NELLORE.
7. THE
DEPUTY
EXECUTIVE
ENGINEER,
APSRTC,
ONGOLE PRAKASAM DISTRICT.
8. SECRETARY PF TRUST, APSRTC, BUS BHAVAN, PNBS, VIJAYAWADA.
9. REGIONAL PROVIDENT FUND, COMMISSIONER EPF
ORGANISATION, BHAVISHAD NEDHI BHAVAN 3-4-763, BHARKATHPURA, HYDERABAD-50027, TELANGANA.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus or any other suitable writ declaring the inaction of the Respondents in payment of the retirement benefits of the Petitioner for total period of service rendered by him from 1987 to 2024 namely gratuity, earn leave encashment, employees provident fund, pension, arrears of salary from 01.07.2009 to 06.07.2011 as arbitrary and violative of article 14, 16 and 21 of Constitution of India and consequently direct the Respondents to pay the same with interest @ 12PERCENT p.a with the due date, till the date of realization, grant costs of the proceedings and pass IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to pay pension to the petitioner in the 1ST week of every month pending hearing in the Writ Petition and pass IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to the respondents herein to file the counter affidavit in W.P.No.15220 of 2025 and pass Counsel for the Petitioner:
1. M PITCHAIAH
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. P VENKATA RAO SC For APSRTC
3. GP FOR SERVICES II
The Court made the following:
HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.15220 of 2025
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O R D E R:
This writ petition is filed declaring the action of the Respondents in not paying the retirement benefits to the Petitioner for his total period of service from 1987 to 2024 i.e. gratuity, earned leave encashment, employees provide fund, pension arrears of salary etc., as illegal and arbitrary.
2. Petitioner was initially appointed as NMR/Casual Man Mazdoor on 01.08.1987 in the Office of Deputy Executive Engineer, APSRTC, Ongole till 31.03.1989. On 01.04.1989, Petitioner was terminated from service by the Respondents. Questioning the same, Petitioner raised a dispute in I.D.No.392 of 1994 before Labour Court, Guntur. The Labour Court passed award on 31.08.2000 setting aside his termination and directing Respondent-authorities to reinstate the Petitioner without back wages. W.P.No.18720 of 2001 filed thereon by APSRTC was dismissed on merits on 08.02.2006.
3. On being reinstated into service, Petitioner filed W.P.No.29243 of 2011 seeking regularization of his service and the same was disposed of by order dated 17.12.2011 directing the Respondents to consider the case of the Petitioner for regularization in terms of the circular issued at that point of time. The said order was confirmed vide order dated 10.06.2013 in W.A.No.854 of 2012. Pursuant to the orders of this Court dated 10.06.2013, the services of the Petitioner were regularized vide proceedings dated 25.03.2014 with effect from 01.07.2009. In the course of time, Petitioner retired from service on attaining the age of superannuation.
4. In the present case, Petitioner seeks benefit of payment of gratuity from 1987 till 30.06.2024 apart from the other benefits. It is also stated that the Respondents failed to pay contributions to Employee Provident Fund from 2009 to 2011 and thereby impacting his claim for higher pension.
5. In the counter affidavit filed by the Respondents, it is stated that the Petitioner had rendered service for only 14 years, 11 months and 29 days. It is stated that the Petitioner was reinstated into service on 21.03.2006 and thereafter absented from his duties from 04.01.2008. It is further stated that the Petitioner later reported at Podili Depot on 09.06.2011. It is further stated that the Petitioner was paid Provident Fund, CCS,
Gratuity, Terminal Leave Encashment totalling to 16,74,367/- (Rs.7,75,684+2,51,067+2,67,877+3,79,739 respectively).
6. Heard Sri M.Pitchaiah, learned counsel for the Petitioner and Sri P.Venkat Rao, learned counsel for the Respondents.
7. Petitioner was terminated from service from 31.03.1989. Labour Court in I.D.No.392 of 1994 directed the Petitioner to be reinstated into service vide award dated 31.08.2000 and back wages were denied by the Labour Court. The relevant portion of the order reads as under: ‘......... In the present case, in view of the delay on the part of the applicant is raising the dispute he can be denied back wages and the Petitioner is entitled to be reinstated into service with continuity of service but without back wages. Accordingly, the point is held.’
8. The order of the Labour Court had attained finality. Petitioner having accepted the award, cannot now turn around and ask for monetary benefits from the period of termination i.e. 31.08.1989 till 31.08.2000. The issue with regard to the claim from the date of award till reinstatement is an aspect which the Petitioner ought to raise in Execution proceedings before the Labour Court, subject to law of limitation.
9. The second part of this case is that the Petitioner was regularized by proceedings dated 24.03.2014 with effect from 01.07.2009. The relevant portion of the proceedings are as under: ‘In view of the orders of the Hon’ble Court in W.P.No.29243 of 2011 dated 07.12.2011, the services of Sri Sk.Chand Basha, Casual Man Mazdoor are regularised w.e.f. 01.07.2009 and placed on time scale of Rs.5670-130-7620- 170-8470-195-10420-210-12520-215-15100. Further, Sri Sk.Chand Basha is hereby directed to report to the Dy.Executive Engineer (Civil), Ongole with immediate effect.’
10. In view of the services of the Petitioner being regularized from 01.07.2009, the Petitioner is entitled for the full benefits of a regular employee from 01.07.2009 till retirement.
11. The writ petition is, therefore, disposed of with the following directions:
(i) The Respondents shall re-calculate the retirement benefits of the Petitioner in terms of proceedings dated 25.03.2014 and disburse the amounts to the Petitioner.
(ii) The above exercise shall be completed within a period of four months from the date of receipt of a copy of the order.
(iii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 19.09.2026 KLP