THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO. 20508 of 2014 OEDER:

This Writ petition is filed to declare the action of the respondents for not adding the notional increments for the period from suspension till the date of reinstatement i.e., from 23.04.1990 to 01.06.1995, as illegal, arbitrary and in violation of Art. 14, 16 & 21 of the Constitution of India as well as in violation of Regulations 21 of the APSRTC, C.C. & A Reg. 1967. Consequently, direct the respondents to re-fix the pay by adding the above period increments and arrange its all consequential benefits.

2. Heard Sri V. Narsimha Goud, learned counsel for the petitioner and Sri Panakanti Satish Kumar, learned Standing counsel for TGSRTC, appearing for respondents.

3. Learned counsel for the petitioner submits as follows: That the petitioner had joined in the respondents Corporation as a conductor on 18.04.1989, after under going the due process of selection. Subsequently, his services were regularized w.e.f. 01.08.1989. From the date of joining the services, he worked continuously till he was kept under suspension on 28.04.1990, which was ultimately ended in removal from services on 20.02.1991. Later, he preferred an appeal against the removal order and the same was rejected vide order, dated 26.08.1991. Questioning the same, he raised I.D.No. 346 of 1993 (old I.D.No. 326 of 1991) before the Labour Court - III, Hyderabad. The Labour Court passed an Award on 24.01.1995, holding that the charges against the petitioner were not proved and held that the order of removal passed against him was illegal. In the Award, the respondents’ Corporation was directed to reinstate petitioner into services with continuity and 1/3^rd back wages. The Award was published on 28.04.1995.

4. In view of the above Award, the petitioner reported before the depot Manager, Suryapet, who had removed him from service while working under him. The 2nd respondent issued an Order, dated 17.05.1995, reinstating the petitioner into service. The petitioner was reinstated into services on 01.06.1995. Since then he was working with best of his ability without interruption. But his pay is not being fixed by giving notional increments from the suspension period from 28.04.1990 to 01.06.1995, on the ground that his reinstatement was subject to the result of the Writ Petition and the was pending. Later, the petitioner came to know that respondents’ Corporation filed W.P. No.14900 of 1995, questioning the above Award and this Hon’ble Court modified the above Award without disturbing the charges, by deleting 1/3^rd back wages.

5. The petitioner made a representation to the 3rd respondent on 29.04.2014 and 06.05.2014 respectively, requesting to add the notional increment for the out of service period. However, the 3^rd respondent has been dodging the matter on the ground that the same was forwarded to the 2^nd respondent, but till date his pay is not being fixed by adding the notional increments.

6. As per the regulation 21 of the APSRTC, C.C. & A Regulation, 1967, when the charges are not proved, the employee is entitled to all consequential benefits as if not suspended or removed. Despite issuing a legal notice, the respondents failed to respond, causing the petitioner a recurring loss of over five incremental benefits and thereby put to loss of more than Rs.2,000/- per month. Hence, the present Writ Petition.

7. The respondents did not file counter affidavit.

FINDINGS OF THE COURT:

8. Petitioner is seeking addition of notional increments for the period from the date of suspension till his reinstatement i.e. 23.04.1990 to 01.06.1995. Petitioner’s services were regularized w.e.f. 1989. While stood thus, on 28.04.1990 petitioner was kept under suspension, which was ultimately ended removal from service on 20.02.1991. Against the removal order, the petitioner preferred an appeal and the same was rejected on 26.08.1991. Against the rejection order, petitioner preferred ID No.346 of 1993 (Old ID No.3