/ APHC010194792019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 8416 OF 7niQ SMS ^0 ■“-X M-S a M i i i.')" Between: S. K Babu, aged about 55 515248, Rapur, Nellore Dist., Andhra Pradesh. years. Mechanic, Rapur Depot, APSRTC, E ...PETITIONER AND 1. Andhra Pradesh State Road Transport Managing Director, Amaravathi, Andhra Pradesh. 2. The Regional Manager, APSRTC, Nellore Region Corporation, Rep by its Nellore, Nellore Dist AR 3. The Depot Manager, APSRTC, Rapur depot, Rapur, Nellore Dist. ...RESPONDENTS 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 pleased to issue writ, order or directions more in the nature of Writ of Mandamus declaring the proceedings of the 2"'“ respondent NO DS(P)/785 (36)/2007-RM/NLR, dt 12-10-2018 in rejecting the claim of the petitioner for extension of Driver post service benefits such as notional increments, Deriver post in shramik, ELs years special grade increments and RPS etc and not payment of Salaries for out of employment period etc as post annual increment, continuing seniority of the Driver and other sick leaves, not granting 12 and 20 illegal, arbitrary and contrary to Section Disabilities Act, 2016 and set aside and further direct the respondents to post in the post Shramik including payment of salaries for out of employment period on re fixation of pay by extending all benefits. LA NO: 1 OF 2niQ Petition under Section 151 CPC praying that in the circumstances stated in the atfidavd filed in support of the petition, the High Court may be pleased to direct the 2" respondent to consider the claim of the petitioner Section 20 (4) of The Rights of Persons 20 (4) of The Rights of Persons with the same with all consequential benefits ' extend all service benefits of the Driver as per the with Disabilities Act, 2016. Counsel for the Petitioner: SRI M. PITCHAIAH Counsel for the Respondent Nos.1 to 3: SRI VENKATESWARLU SANISETTY, SC FOR APSRTC The Court made the following order: APHC010194792019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3368] TUESDAY. THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 8416/2019 Between: 1.S K BABU AGED ABOUT 55 YEARS, MECHANIC, RAPUR DEPOT, APSRTC, E 515248, RAPUR, NELLORE DIST. ANDHRA PRADESH. ...PETITIONER AND 1. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP BY ITS MANAGING DIRECTOR. AMARAVATHI, ANDHRA PRADESH. 2.THE REGIONAL MANAGER, APSRTC, NELLORE REGION NELLORE, NELLORE DIST, AR 3.THE DEPOT MANAGER, APSRTC RAPUR, NELLORE DIST. RAPUR DEPOT. ...RESPONDENT(S): Counsel for the Petitioner: 1.M PITCHAIAH Counsel for the Respondent{S): 1.VENKATESWARLU SANISETTY The Court made the following: I' % THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.8416 0F 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “....to issue writ, order or directions more in the nature of Writ of Mandamus declaring the proceedings of the 2nd respondent NO DS(P)/785 (36)/2007-RM/NLR, dt 12-10-2018 in rejecting the claim of the petitioner for extension of Driver post service benefits such as notional increments, Deriver post annual increment, continuing seniority of the Driver post in shramik, ELs and other sick leaves, not granting 12 and 20 years special grade increments and RPS etc and not payment of Salaries for out of employment period etc as illegal, arbitrary and contrary to Section 20 (4) of The Rights of Persons with Disabilities Act, 2016 and set aside the same with all consequential benefits and further direct the respondents to extend all service benefits of the Driver post in the post Shramik including payment of salaries for out of employment period on re fixation of pay by extending all benefits and to pass. 2. Heard Sri M.Pitchaiah, learned counsel for the writ petitioner and Sri Venkateswarlu Sanisetty, learned counsel for the Respondents/APSRTC. The writ petition is filed seeking writ of mandamus to declaring the proceedings of the 2'''^ respondent vide No.DS(P)/785 (36)/2007-RM/NLR, dt.12.10.2018 in rejecting the claim of the 3. petitioner for extension of Driver post service benefits such as notional increments, Driver post annual increment, continuing seniority of the Driver post in shramik, ELs and other sick leaves. not granting 12 and 20 years special grade increments and RPS etc., and not payment of salaries for out of employment period etc., as illegal, arbitrary and contrary to Section 20 (4) of The Rights of Persons with Disabilities Act, 2016 and consequently to set aside the said proceedings and to direct the respondents to extend all service benefits of the Driver post in the post of Shramik including payment of salaries for out of the employment period on re-fixation of pay by extending all benefits and for such orders. 4. Learned counsel for the writ petitioner Sri.M.Pitchaiah would submit that the respondent has provided alternative employment to the petitioner as Shramik, but denied his financial benefits from the period he was kept out of service, till his reinstatement under the impugned proceedings. Therefore, the petitioner filed present writ petition. He would submit that the this court in similar circumstances vide Order dated 02.11.2010 in W.P.No.3031 of 2008 in the case of Sri K.Moses Vs. APSRTC, Musheerabad, Hyderabad and others^ held in Para No.29 as follows: “The proceedings dated 13.11.2006 and the order dated 14.12.2007 are accordingly set aside. The APSRTC is directed to forthwith provide alternate employment to the petitioner in a suitable post with the same pay scale and service benefits 2011 (1) ALD 823 ’^3 . % enjoyed by him at the time of his retirement from service and if necessary, by creating a supernumerarypost. It is relevant to note that under the second proviso to sub-section (1) of Section 47 of the Act of 1995, the employer is obligated to create a supernumerary post to accommodate the disabled employee in the event it is not possible to adjust him against any existing post employee is not to be subjected to a break in service for want of a suitable post being immediately available. The petitioner herein would therefore be entitled to claim continuity of service for all purposes from the date of his so-called retirement from service under the proceedings dated 13.11.2006. As he was deprived of a social welfare benefit statutorily vested in him under the Act of 1995, the APSRTC has no right to deny him the financial benefits for the period that he was deliberately and willfully kept out of its service. The petitioner would therefore be entitled to full back wages from the date of his retirement from service till his reinstatement in a suitable post". This indicates that such an 5. Learned counsel for the writ petitioner would further submit that in the light of above order of this Court, the petitioner cannot be denied the financial benefits from the date of so called retirement from service, till re-instatement. 6. Learned counsel would fairly submit that the above representing for the respondent/APSRTC order of this Court would that the employee is entitled to financial benefits for the he was kept out of service, till his say period that re-instatement. 7. In the light of above order of this Court, considered opinion that the this Court is of the present petitioner, who was provided with alternative post of Shramik, is entitled to all financial benefits from the date on which he retired. as declared medically unfit, till his reinstatement. Therefore, the impugned proceedings of the 2 were set-aside. Hence, the 2''"' the wages to the petitioner from his the ground of medically unfit, Shramik. 8. nd respondent respondent is directed to pay back retirement from the service on till reinstatement in the post of 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if pending in this Writ Petition shall stand closed. any. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ 2!; SECTION OFFICER To, 1- The Managing Director, Andhra Pradesh State Corporation, Vijayawada, Andhra Pradesh. 2. The Regional Manager, APSRTC Road Transport Nellore Region, Nellore, Nellore Dist, AR 3. The Depot Manager, APSRTC, Rapur Depot, Rapur, Nellore Dist. • One CC to Sri M. Pitchaiah, Advocate [OPUCJ 5. Oneccto Sri Venkateswarlu Sanisetty, SC for APSRTC [OPUCI 6. Two CD Copies. ssb ^ ’ X high court X DATED:05/08/2025 ORDER WP No. 8416 OF 2019 disposing of the W.P. WITHOUT COSTS