The High Court disposed of a writ petition challenging the payment of earned leave salary and gratuity, holding that the issue was squarely covered by a previous order in W.P. No. 22327 of 2020 and directing the petitioners to submit a representation for relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 8073 oF 2021
Betwee n:
1 ryl V Bhadraiah, S/o -late Kistaiah, aged about 60 years, Occ. Retd Drrver, E. No. 201559, Rto. 2-3t692tDt74, DurgA Nagar, Amberpet, Hyderabad.
3 S Anantha Clqry, Slo, late Narsimha Chary. Aged about 60 years, Occ.Retd. AUL;, E. No. 104927, R/o.3_4-63/.13/B/3, Aravind Nagar, Ramanthapur. Hyd.
...PET|T|ONERS
AND
..,RESPONDENTS
Petitron under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may"be pieaieo to issue an appropriate writ or directron particularly one ih the nature of wRlr oF MANDAIVUS, declarng the impugned action of ihe respondents for not arranging un-availed earned leave salary, and not arranging the dearness allowances as illegai unjust and in violation of Art. 14,21 and 30oA of the constitutron of lndia, and consequently direct 2 and 3rd respondents to pay un-availed earn leave salary for 3oo days, duly adding the enhanced dearness allowance raised in July 2017 and 20.tg and also to arrange t deference of gratuity to the petitioners No l and 2 i.e, t,4.v. Bhadrai, and P.L. Narsimha Reddy retired drivers, direct the 2nd and 4th respondents to pay salary for 162 days of un-availed earned leave salary duly adding the enhanced dearness allowance rarsed in July 2017 and January 2o18, dlferencE oi gratuitt ano y1t!.n9to10% ofgratuity to and petitioner Ir/r. S. Anantha chary Retd, ADi aroni witn '18% interest from the due date jn the interest justice and fair pliy.
IANO: 1OF2 021
Petition under section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, tre Hign court may be preased to direct the respondents No 3 and 4 10 consrde-r their respective - i"pilr"nirtion. dated 09/03/2021 and 1210312021 .made for arrangement of their resp"ctire ietirement benefits pending disposar the above writ petitLn in the interesis or Jr.ti." ,ro fair play.
Counsel for the Petitioner: SRI V. NARASIMHA GOUD
COUNSEI fOr thE RESPONdENTS: SRI N. VASUDEVA NLOOV, SC FOR TSRTC The Court made the following: ORDEd-
THE HON'BtE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.8073 of 2021
ORDER:
When the motler is token up for heoring, leorned counsel oppeoring for the peiitioners os well os leorned Stonding Counsel oppeoring for the respondents hod contended thot the issue roised in this writ petilion is squorely covered by the order possed by this Court in W .P.No.22327 of 2020, doted 08.12.2020, ond lherefore, the present writ petition olso be disposed of in terms of the obove soid order.
ln view of the obove submissions ond for the reosons olike in the order doted 08.12.2020 in W.P.No.22327 of 2020, this writ petition is disposed of dlrecting the petitioners to submit o representotion seeking the relief of poyment of solory for the un-ovoiled eorned leoves of 300 doys, 300 doys ond 162 doys, respectively, ond grotuiiy from the doie of their initiol oppointmenl, within o period of two weeks from the dote of receipt of o copy of this order. On receipt of such represenlolion, the respondeni-Corporolion sholl consider the some ondposs oppropriote ordersin occordonce with low within operiod of eight weeks thereofter. No orderos lo costs.
Pending miscelloneouspetiiions, if ony, shollstond closed.
SD/.K,AMMAJI ASSISTANTREGISTBAR //TRUECOPYi/ sEcrtoNlt#tcER
to',1 The lvlanaqinq Director,Telangana State RoadTransport Corporation' Bus Bhavain,-RTC 'X' Road, Hyderabad' 2. The RegionalwtanageffiHi'c, iyi6i'l9d Region'IM G B's' Hvderabad 3. The Depott'ltan,ger,lbRide's bepot' Uppal'Hvderabad 4, rhe Depott\4anaser,+B'i+E,F; D;[;i K^{[q'da--Hvderabad ; o;;-cii;sii v."t"tarasimna Goud'Advocale-[oPticl 'sb* roi-rs'nrc' Advocate toPUCl 6. one ccto Sri r'r. vrtlitj""n"""oav 7. Two CDCoPies (A long with a copyof order dt:08/1212020in W P No 22327 ol 2o2o) s1l1
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HIGHCOURT
DATED:01/04/2021
ORDER
WP.No.8073of 2021
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DISPOSING OF THEWP WITHOUT COSTS
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HON,BLESRI JUSTICEABHINANDKUIYIAR SLIAVILI Y-P.No.22327of 2020
ORDER
Thisrvrit 1:etitiol-ris trled seeking the follorvingrelicf:
Herrrd SriV.Narasinrha Goud,learnedcoLlnsel
appearing for thepetitioncrs andlearned Standing Counselfor
TSRTC appe,Iring for tl'rc responcieuts.
The grievance of the petitioners is thatthougl-r all of them rvolked as Dlivers in therespondent-Corporzrtior-rand retired from service in 2018 and 2019, therespondeut- Corporation is not paying Lrn-availedearned leave slrlary for 300 days and gratr-rity from thedatc oftheir inirial
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rh r' responden r- Corpora Lion on 03.11.2020. Btrt, SO far, NO acrion has been taken by the respondent_Corporation,
Learned counser appearing for the petitioners contended thar appropriate ordere be passed in the writ perition directing the respondent-Coqpor*tion to consider the legal notice darecl 03.71.,2020 issued by ttie petitioners and pa1, salary for thc r"rn-availdd earned leave of 300 clays ancl gratr.riry lrom thc date of rhcir initial appointment.
I-earned Stancling Counscl appearins ior tht: re sponden t-Corporation cclntenclecl that lcr tlrc pctitioners sr.rbmit a represenration, then thc respondenrs \.oLrl(l considcr the same and pass appropriate orders in accordance wirh laq,,
Ha"ing considered the rival submissions rnade by the learncd counsel on either side, this Cor.rrt is of the considerecl view that this writ perition can be disposed of dirccting the petitioRers to subrnit a representation seeking the relief of p{ymanr of Salaq, for the un-availed earned leave of 300 days and gratuiry from rhe date of their irritial appointntcnt, rvithin a period.of trvo rvceks lrorn thc date of reccipt ol copr, oI this order. On receipt of such rcpresenration, the rcsponclentCorporation shall considcr rhc sarllr rrncl 1)as:,, riirpr.0ltr.iarc
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Accordingly'the Vrit Petitionie disPosed- oL No costs' peutions,ifanJ' gendingshall stand ML"euaneot'"
SDi. closed'' ASSI _
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1 issue framed by the court
Whether the Court should dispose of the present writ petition in accordance with the order passed in W.P. No. 22327 of 2020.
Colour shows how this judgement treated each authority
W.P.No.22327 of 2020Followed¶28
2 provisions across 2 enactments
V. Bhadraiah
P.L. Narasimha Reddy
S. Anantha Chary
Telangana State Road Transport Corporation
Regional Manager, ISRT-9, Hyderabad
Depot Manager, TSRTC
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
