APHC010376872019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 18027 OF 2019 Between: The Regional Secretary, APSRTC, Employees Union, Ananthapur representing U. Lakshmanna, S/o U. Veeranna, RTC Conductor, E. 576377, Uravakonda depot, Ananthapur Dist. Andhra Pradesh. Now ...PETITIONER, AND 1. Depot Manager, APSRTC, Uravakond Depot, Uravakonda, Ananthapur Dist. 2. Hon’ble Presiding Officer, Industrial Tribunal Cum Labour Court, Ananthapur, Ananthapur 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 issued a Writ, order or directions more in the nature of Writ of Certiorari, declaring the Award in ID No.101 of 2012, dated. 29-4-2014 on the file of 2""' respondent as illegal and arbitrary and quash the same after calling the records on the file of 2"^^ respondent and further direct the 1®^ respondent to restore the deferred increments with all consequential benefits including fixation of pay and payment of arrears. ^ re Counsel for the Petitioner; SRI P. GOVINDA RAJULU ^ Counsel for the Respondent No.1:SRI ARAVALA RAMA RAO(SC FO^ APSRTC) Counsel for the Respondent No,2: GP FOR LABOUR 'The Court made the following order: APHC010376872019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 18027/2019 Between: 1.THE REGIONAL SECRETARY,, APSRTC, EMPLOYEES NOW REPRESENTING U. UNION, ANANTHAPUR, LAKSHMANNA S/0 U. VEERANNA, RTC CONDUCTOR, E. 576377, URAVAKONDA DEPOT, ANANTHAPUR DIST. ANDHRA PRADESH. ...PETITIONER AND 1. DEPOT MANAGER, APSRTC, URAVAKOND DEPOT, URAVAKONDA, ANANTHAPUR DIST. 2.HONBLE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ANANTHAPUR, ANANTHAPUR DIST. ...RESPONDENT(S): Petition under Article 226 of the Constitutionof India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or directions more in the nature of Writ of Certiorari, declaring the Award in ID NO. 101 of 2012, dated. 29-4-2014 on the file of 2nd respondent as illegal and arbitrary and quash the same after calling the 2 a records on the file of 2nd respondent and further direct the 1st respondent to restore the deferred increments with all consequential benefits including re fixation of pay and payment of arrears Counsel for the Petitioner: 1.PGOVINDA RAJULU Counsel for the Respondent(S): 1.GP FOR LABOUR (AP) 2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 3 fP5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 18027 of 2019 The Court made the following Order: Heard Sri P.Govinda Rajulu, learned counsel for the petitioner and learned counsel representing Sri Aravala Rama Rao, learned Standing Counsel for respondent N0.I/APSRTC. The facts and circumstances of the case would disclose 2. that the writ petitioner was working was casual conductor at that relevant point in time. Respondent N0.I vide Order dated 17.01.2001 imposed punishment of stoppage of next annual increment, as and when accrues for a period of two (02) years which shall have effect on future increments. Thereupon, the challenging the same, the petitioner filed ID No.101 of 2012 before the Industrial Tribunal-cum-Labour Court, Anantapuramu, wherein the tribunal vide Order dated 29.04.2014 dismissed the said ID, on the ground that the charges alleged against the petitioner were proved. The tribunal thereby fails to consider the question as to whether the punishment imposed by respondent N0.I is permissible as per rules applied to casual conductor. Sri P.Govinda Rajulu, learned counsel for the petitioner vehemently argued that admittedly, the petitioner was working as 3. 4 casual conductor at that relevant point in time and therefore per rules, the post of casual conductor will annual increments. Henqe, the punishment of as not be sanctioned any stoppage of two increments with cumulative effect is not in accordance with the law, as no such punishment against the casual conductor. was prescribed under the rules 4. Learned counsel representing Sri Aravala Rama Rao, learned Standing Counsel for respondent N0.I/APSRTC admitted that the petitioner was time and the post of casual conductor a casual conductor at that relevant point i will not carry any annual in increments at that relevant point in time. 5. In that view of the matter, this Court is of the considered opinion that imposing stoppage of annual increment for two (02) years with cumulative effect on a casual conductor, when the post of casual conductor does not carry any annual increments is not in accordance with law and therefore, the order dated of respondent No.1 and the Order dated of 2012 are hereby set aside to 17.01.2001 29.04.2014 in ID No.101 the extent of stoppage of increments alone. However, respondent No.1 is at liberty to consider the question of punishment punishment, if necessary, afresh and impose the as prescribed by the rules, at that -y- 5 relevant point in time, by following due procedure established under the law. 6. Accordingly, this Writ Petition is allowed in-part. No order as to costs. Interlocutory applications, if any, pending shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon’ble the Chief Justice Sri Dhiraj Singh Thakur on this Wednesday, Thirtieth day of July, Two Thousand and Twenty Five. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// // » SECTION OFFICER To, 1. The Depot Manager, APSRTC, Uravakond Depot, Uravakond^ Ananthapur Dist. 2. The Presiding Officer, Industrial Tribunal Cum Labour Court Ananthapur, Ananthapur Dist. 3. One CC to Sri P. Govinda Rajulu, Advocate [OPUC] " 4. One CC to Sri Aravala Rama Rao, SC for APSRTC [OPUCf 5. Two CCs to GP for Labour, High Court of Andhra Pradesh [OUjf 6. Two CD Copies. ssb HIGH COURT DATED:30/07/2025 ORDER WP No. 18027 OF 2019 PARTLY ALLOWING THE W.P. WITHOUT COSTS