V Burraiah Vs the State of Ap

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'APHC010027512024

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IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI y 0 (Special Original Jurisdiction) (j

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THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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Between:

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Burraiah, S/o Pitchaiah, aged about 60 years, Rtd. Conductor (Retired onVoluntary basis E.No.392111) RTC Depot, Chilakaluripeta, Palnadu district. R/0 D.No.3-124, Kavum Lingamguntia, Kavuru post, Chilakaluripeta mandal Palanadu district-522611.

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...PETITIONER

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AND

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The State of Andhra Pradesh rep., by its Principal Secretary, Roads

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and Buildings Transport (RTC) Department, Secretariat, Velagapudi,

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Amaravathi, Guntur Dist.

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The A. P. S. R. T. C., rep., by its Vice Chairman & Managing Director

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RTC House, Vijayawada, NTR District.

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The Executive Director, A.P.S.R.T.C., Zone-3, Nellore. 4. The District Public Transport Officer, A.P.S.R.T.C., Narasaraopet,

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Palanadu district.

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The Depot Manager, A.P.S.R.T.C., Chilakaluripet, Palanadu District.

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522616,

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...RESPONDENTS

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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

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pleased to issue Writ or Order more i in the nature of Writ of Mandamus declaring the impugned action of the respondents in not granting and releasing the payment of Pay and D.A., pertains to the left over service of 3 years, 5 months and 26 days, in terms of Regulation 6(i)(c) A P S R T C Employees (Service) Regulations 1964 is illegal, arbitrary, discriminatory, and violation of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents to forthwith release the above amounts together with interests on delayed payments to the petitioner

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jA NO: 1 OF pn9A

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the respondents to consider the representation of the petitioner dt.02.08.2023 for releasing left over service benefits pending disposal of the above W.P.

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Counsel for the Petitioner:

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SRI EADARA PEDDANNA

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Counsel for the Respondent No. 1: GP FOR SERVICES II

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Counsel for the Respondent Nos.2 to 5:SRI SOLOMON RAJU

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manchala, sc for apsrtc The Court made the following order:

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APHC010027512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction)

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THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 1582/2024

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Between:

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1.V BURRAIAH, S/0 PITCHAIAH, AGED ABOUT 60 YEARS, RTD. CONDUCTOR (RETIRED ON VOLUNTARY BASIS E.N0.392111) RTC DEPOT, CHILAKALURIPETA, PALNADU DISTRICT. R/0 D.NO.3-124, KAVURU LINGAMGUNTLA, KAVURU POST, CHILAKALURIPETA MANDAL, PALANADU DISTRICT-522611.

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...PETITIONER

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AND

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1 THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS TRANSPORT (RTC) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST.

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2.THE A P S R T C, REP., BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, RTC HOUSE, VIJAYAWADA, NTR DISTRICT.

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3.THE EXECUTIVE DIRECTOR, A.P.S.R.T.C., ZONE-3, NELLORE.

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4.THE DISTRICT PUBLIC TRANSPORT OFFICER, A.P.S.R.T.C., NARASARAOPET, PALANADU DISTRICT.

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5.THE DEPOT MANAGER, A.P.S.R.T.C., CHILAKALURIPET, PALANADU DISTRICT. 522616,

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of Indiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order more in the nature of Writ of Mandamus declaring the impugned action of the respondents in not granting and releasing the payment of Pay and D.A., pertains to the left over service of 3 years, 5 months and 26 days, in terms of Regulation 6(i)(c) A.P.S.R.T.C.Employees (Service) Regulations, 1964 is illegal, arbitrary, discriminatory and violation of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents to forthwith release the above amounts together with interests on delayed payments to the petitioner and pass

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lA NO: 1 OF 2024

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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 consider the representation of the petitioner dt.02.08.2023 for releasing left over service benefits pending disposal of the above W.P. and pass

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Counsel for the Petitioner:

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1.EADARA PEDDANNA

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Counsel for the Respondent(S):

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1.GP FOR SERVICES II

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2.SOLOMON RAJU MANCHALAFOR (APSRTC)

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The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.1582 of 2024

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ORDER:

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The present Writ Petition is filed questioning the action of Respondents in not granting and releasing the payment^of Pay and D.A., pertains to the leftover service of three years,^{fivemonthsand} 26 days in terms of Regulation 6(i) (c) of the A.P.S.R.T.C. Employees (Service) Regulations, 1964. 2. In this case, this Court on 23.01.2024 passed an interim^order directing the Respondents to consider the Representation dated 02.08.2023 submitted by the Petitioner and pass a speaking^order within a period of four (4) weeks. In view of the interim^ordersbythis Court, Respondent No.5 issued Proceedings No.01/75602/2022CPT, dated 23.08.2024. Respondent No.5 while issuing the said proceedings did not dispute the factum of Petitioner being entitled for Additional Monetary Benefit. Relevant portion of the^Proceedings reads as under;

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“Further, the employees of APPTD who retired on or after 01.01.2020 and eligible for AMB as APSRTC employees, to be taken decision as per guidelines of GO which is awaiting for.

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2

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In W.P.No.4640 of 2025, this Court in the case of similarly placed employee directed payment of Additional Monetary Benefit without awaiting for the approval of the State.

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In that view, this Writ Petition is disposed of with the following directions;

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(i) The Respondents are directed to release the Additional Monetary Benefits, as admitted in Proceedings No.01/75602/2022CPT, dated 23.08.2024, within a period of two (2) months^fromthe date of receipt of copy of this order without awaiting for the permission of the Government:

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(ii) No order as to costs.

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As a sequel, the miscellaneous petitions if any shall stand

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dismissed.

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SD/- SHAIK MOHD. RAFI ASSISTANT REjGISTRAR //TRUE COPY// /

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SECTION OFFICER

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To,