THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ of Mandamus or any other appropriate writ/direction, declaring the action of Respondents in granting 1^st Advancement Special Grade Increment from 01-09-2006 instead of 01-08-2007 and not granting 2nd Advancement Special Grade Increment from 01-09-2015 as being illegal, arbitrary, violative of Articles 14 & 21 of the Constitution of India and consequently direct the respondents to sanction 1^st Advancement Special Grade Increment from 01-09-2006 instead of 01-08-2007 and also to sanction 2^nd Advancement Special Grade Increment from 01-09- 2015 and fix the pay accordingly and pay arrears with interest @

12% p.a. and to pass…”

2. Heard Sri P. Venkateswara Rao, learned counsel appearing for the petitioner, and Sri N. Chandra Sekhar learned Standing Counsel for Telangana State Road Transport Corporation, appearing on behalf of the respondents.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Badili Conductor in the respondent Corporation on 01.04.1991, and his services were regularized w.e.f., 01.08.1994. However, he was illegally removed from service vide order dated 26.07.2010, on the alleged ground of unauthorized absenteeism. Thereafter, the said removal order was set aside by the Labour Court, Godavarikhani, vide award dated 18.03.2016 in I.D.No.70 of 2015, directing reinstatement along with continuity of service and all attendant and notional benefits. Aggrieved by the same, the respondent Corporation filed W.P.No.34525 of 2016 before this Court, which was later compromised before the Lok Adalat Bench of this Court on 11.11.2016, wherein, the petitioner voluntarily agreed to perform the duties of Conductor, and thus, the respondent Corporation agreed to implement the remaining part of the Labour Court award. Accordingly, the writ petition was disposed in terms of compromise vide order dated 02.03.2017, directing the respondents to reinstate the petitioner into service within (30) days from the date of receipt of that order. However, the respondents reinstated the petitioner into service belatedly on 12.06.2017. Therefore, the petitioner was constrained to file E.P.No.1 of 2018, for fixation of his pay and the payment of delayed salary, which was allowed vide order dated 17.03.2021, directing the respondents to pay the salary for the delayed period within (15) days, and the said order was challenged by the respondents in W.P.No.9200 of 2021, which was dismissed by this Court vide order dated 11.12.2023.

4. It is further submitted that as per the settlement arrived between the respondent Management and the then APSRTC National Mazdoor Union on 22.01.2010, and the Circular instructions in D- 4/2011 dated 12.01.2011, the first advancement grade is paid after completion of (12) years of service, and the second advancement grade on completion of (20) years of service in the same cadre. However, the petitioner was erroneously sanctioned the first advancement special grade increment on 01.08.2007, instead of 01.09.2006, and the petitioner had also completed (8) years of service thereafter, i.e., as of 01.09.2014, but he was on extraordinary leave for one year. As such, the petitioner is entitled for second advancement special grade increment by 01.09.2015, which has not been granted to him so far. It is further submitted that in view of the award passed by the Labour Court in I.D.No.70 of 2015 dated 18.03.2016 and the compromise entered into before the Lok Adalat, the petitioner is entitled to all service benefits, attendant benefits, including notional increments. As such, the denial of second advancement special grade increment from 01.09.2015 is wholly illegal, arbitrary and contrary to the directions of the Labour Court as well as the Circular dated 12.01.2011. Therefore, learned counsel seeks indulgence of this Court to d