Disposed

Sk Meeravali v. the Andhra Pradesh State Road Transport Coprporation

Andhra Pradesh HC6 Mar 2023WP/5513/2023

Case brief

AI extract

What is this about?

The petitioner, a driver, sought a writ of mandamus to restore deferred increments and refix his pay after a punishment period lapsed. Finding the case did not require merits determination, the Court directed the respondents to decide the pending representation within four weeks.

What did the court decide?

The respondents were directed to pass orders on the petitioner's representation dated 10.11.2021 within four weeks of receiving this order.

Sk Meeravali Vs the Andhra Pradesh… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.5513 of 2023

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ORDER :

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The present Writ Petition came to be filed under Article

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226 of the Constitution of India seeking the following relief:-

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“…to issue a Writ, order or directions more in the nature of Writ of Mandamus declaring the action of the 2^nd and 3^rd respondents herein in not restoring the deferred increments after completion of punishment period (which were deferred as without effect on future increments) as illegal, arbitrary and contrary to law and violation of principles of Natural justice and further direct the 2^nd and 3^rd respondents herein to restore the deferred increments after completion of punishment period and re-fix the pay of the petitioner by extending all eligible benefits and pay arrears with all calculation particulars and pass such other order or orders….”

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The case of the petitioner is that initially he was appointed as driver in the 2^nd respondent’s Region at Ongole and at present he is working in the 3^rd respondent’s depot as a driver.

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The grievance of the petitioner is that, though the punishment of deferment of increments for a period of two years have lapsed, so far the salary of the petitioner was not

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refixed by extending with all eligible benefits and arrears, as such, the petitioner made a representation on 10.11.2021, which is still pending for consideration before the respondents. Hence, the writ petition is filed.

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As per the facts stated by the petitioner, it is clear that the punishment of deferment of annual increments for a period of two years without effecting on his future increments was imposed on 24.05.2000 and after completion of two years i.e. 2002 itself the respondents are supposed to refix the pay of the petitioner by extending all eligible benefits, inspite of the same, the respondents have failed to consider his case for pay fixation and it also appears that the petitioner has made a representation on 10.11.2021 requesting the authorities to refix his pay, which is pending for consideration. 5. In view of the same, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing respondents No.2 and 3 to pass appropriate orders on the representation made by the petitioner on 10.11.2021, in accordance with law, within a

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period of four (4) weeks from the date of receipt of a copy of

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this order.

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With the above direction, this Writ Petition is disposed

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of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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_______________________ JUSTICE V.SUJATHA

Date :06.03.2023 KGR

HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.5513 of 2023

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Date : 06.03.2023

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KGR

Sk Meeravali v. the Andhra Pradesh State Road Transport Coprporation

Case brief

What is this about?

What did the court decide?

Sk Meeravali v. the Andhra Pradesh State Road Transport Coprporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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