APHC010426742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23354/2025 Between: 1. G S RAO, S/O VENKATESWARARAO, 50 YEARS, MALE, OCCUPATION DRIVER BEARING NO.E.701465, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION (APSRTC), ELURU DEPOT, RESIDENT OF D.NO. 19/1063, INDIRA NAGAR, GUDIVADA-521301, KRISHNA DISTRICT.(MOBILE NO.8639574868) ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION APSRTC, PNBS BUS STATION, VIJAYAWADA, KRISHNA DISTRICT REPRESENTED BY ITS VICE-CHAIRMANAND MANAGING DIRECTOR. 3. THE DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION (APSRTC), MAIN ROAD, ELURU,WEST GODAVARI DISTRICT. 2 ...RESPONDENT(S): 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 toPleased to issue Writ more in the nature of Writ of Mandamus or any other writ order or direction, declaring the illegal actions of the respondents No.1 to 3 more particularly respondent No.3 not granting payment of HRA, CCA and full pay for a period of six months(from 04.03.2024 to 18.09.2024) while he was on leave on the ground of suffering tuberculosis and compensation for incident on duty(incident on 06.09.2023,leave period from 06.09.2023 to 25.01.2024) in violation of G.O.Ms.No.29 of finance(FR.I) department, dated.09.03.2011, Government of Andhra Pradesh G.O.Ms.No.268 of finance and planning (FIN.F.R.I) department, dated.29.10.1991, Government of Andhra Pradesh principles of natural justice provisions of employes insurance scheme provisions of employees compensation Act, 1923 Articles. 14 and 16 of the constitution of India is very arbitrary, illegal, unjust and consequently to direct the respondents No.1 to 3 to pay HRA, CCA and full pay for a period of six months(from 04.03.2024 to 18.09.2024) while he was on leave on the ground of suffering tuberculosis and compensation for incident on duty(incident on 06.09.2023,leave period from 06.09.2023 to 25.01.2024) with all consequential benefits etc.,long with an interest therein pending disposal of the above writ petition and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the respondents No.1 to 3 to pay HRA, CCA and full pay for a period of six months(from 04.03.2024 to 18.09.2024) while I was on leave on the ground of suffering tuberculosis and compensation for incident on duty incident on 06.09.2023,leave period from 3 06.09.2023 to 25.01.2024) with all consequential benefits etc. along with an interest therein pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23354 of 2025 O R DE R: This writ petition is filed questioning the action of Respondent No.3 in not granting payment of HRA, CCA and full pay for a period of six months (from 04.03.2024 to 18.09.2024) while he was leave on account of Tuberculosis and compensation for leave period from 06.09.2023 to 25.01.2024 for an accident on duty on 06.09.2023 as illegal and arbitrary. 2. The Petitioner was appointed as a conductor in Eluru Depot and his services were regularized in A.P.Last Grade Service Rules, 1992. While so, the Petitioner suffered Tuberculosis from the period from 04.03.2024 to 18.09.2024 and had taken treatment in Government General Hospital, Eluru. The Petitioner submitted a representation dated 17.12.2024 for grant of HRA, CCA and full pay for the period he took treatment. However, the said representation was not considered. Further, the Petitioner also claims compensation for the accident that occurred while he was on duty on 06.09.2023 for which the Petitioner had took treatment from 06.09.2023 to 25.01.2024. 5 3. Learned standing counsel for the Respondent-Corporation would submit that as per G.O.Ms.No.29 Finance (FR.1) Department dated 09.03.2011, which is relied upon by the Petitioner, the payment of HRA and CCA are not applicable to individuals who are suffering Tuberculosis as Tuberculosis is easily curable disease with advancement in medical technology, therefore, the claim of the Petitioner for payment of HRA, CCA and full pay for the period from 04.03.2024 to 18.09.2024 cannot be maintained. 4. As regards the claim of compensation for the accident that occurred on duty, learned standing counsel would submit that the Respondent-Corporation would examine the claim of the Petitioner and pass appropriate orders. 5. Having heard the respective counsel and considering the submissions made, the writ petition is disposed of with a direction to the Respondents to consider the case of the Petitioner for grant of compensation for the accident occurred while the Petitioner was on duty on 06.09.2023 for which he had to take leave from 06.09.2023 to 25.01.2024 within a period of eight (8) weeks from the date of receipt of a copy of this order. The claim 6 for HRA, CCA and full pay for the period from 04.03.2024 to 18.09.2024 is rejected in view of G.O.Ms.No.29 Finance (FR.1) Department dated 09.03.2011. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.09.2025 KLP