ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“to issue a writ order or direction more particularly one in the nature of writ mandamus declaring the action of the respondents in not granting two (2) Special Grade Increments on petitioner completing 12 years and 20 years of service and not crediting 300 days Earned Leaves during the period 2002 to 2012 to the petitioner’s Leave Account, as arbitrary, illegal, violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to add the above increments and refix the pay of the petitioner and pay incremental arrears with interest @ 12 % p. a., add 300 days Earned Leaves to the Leave account of the petitioner and grant costs of this proceedings and pass such other order or orders…….”

2. The case of the petitioner is that he originally joined as a Cleaner in APSRTC on 21.11.1997 and worked for about 2 years. Thereafter, he was promoted as Conductor and worked upto 22.08.2022, on which date, he was placed under suspension by the 3rd respondent on certain false charges. Thereafter, the 3rd respondent passed an order dated 26.12.2012 terminating the petitioner from service. The said order was challenged before the Labour Court, Guntur, vide I.D.No.2 of 2004 and the same was dismissed by the Labour Court vide Award dated 21.12.2005. Aggrieved by the same, the petitioner filed W.P.No.29552 of 2011 before this Court. Vide order, dated 26.03.2012, this Court allowed the writ petition by setting aside the Award of the Labour Court and directed the respondents to reinstate the petitioner with continuity of service and all other attendant benefits, except back wages. It is stated that pursuant to the order dated 26.03.2012 the petitioner was reinstated into service. Since then, he is working in the 3rd respondent depot as conductor.

It is submitted that the petitioner has put in 22 years of continuous service in the 1st respondent Corporation. The service conditions of employees in the 1st respondent Corporation are settled through statutory settlement under the provisions of I.D. Act, between the Management of APSRTC and recognized Trade Union operating in APSRTC. Based on this statutory settlement, the 1st respondent used to issue circular, incorporating the service conditions of the employees in APSRTC. It is further stated that Grant of increment and Special Grade Increment is one of the service conditions. There is a scheme in force for granting Special Grade Increment, who have completed 12 years and 20 years of service, as per the circulars issued by the 1st respondent Corporation from time to time, more particularly, the 1st respondent Corporation issued a Circular No.PD-04/2011, dt.12.01.2011, which laid down that an employee who completes 12 years of service shall be given Special Grade of first advancement and another Special Grade on completion of 20 years of service and consequently these Special Grade Increments should be given to these employees. This Court vide order, dated 26.03.2012 granted attendant benefits. The Special Grade Increments would come within the purview of the expression 'Attendant Benefits'. The petitioner is entitled for addition of these increments to his pay on completion of 12 years and 20 years of service, as per the aforementioned scheme in force in the 1st respondent Corporation.

It is also stated that under APSRTC Leave Regulations, the petitioner is entitled to 30 days for a year as Earned Leaves during the period 2002 to 2012. But the respondents have not added these leaves to the petitioner’s account. These Earned Leaves also comes within the meaning of the expression 'Attendant Benefits'. For this, the petitioner requested the respondents for grant of these benefits, but the respondents are dodging the issue. Thereafter, the petitioner got issued a Regd. Legal Notice, dated 29.06.2018, demanding the respondents to add the above two Special Grade Increments