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2025 DAILYLAW 4084 (AP)

B CH NAIK v. THE STATE OF ANDHRA PRADESH

WP/1584/2024 · 2025-07-30

Nyapathy Vijay

body2025

Judgment text

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APHC010027502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) K THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1584 OF 2024 Between: 1. B CH Naik, S/o Lakshma Naik, aged about 53 years, Driver (Retired on medical grounds-E.No.392429), RTC Depot, Chilakaluripeta, Palnadu district. R/o D.No.2-676/2, Sugali Colony, Chilakaluripet-522616 . 2. J.Hanumantha Rao, S/o Sivannarayana, aged about 59 years. Driver (Retired on medical grounds E.No.725751), RTC Depot, Chilakaluripeta, Palnadu district. R/o H.No.1-118, Maddirala, Chilakaluripet mandal, Palnadu district. Driver ...Petitioners AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Roads and Buildings Transport (RTC) Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The A P S R T C, rep., by its Vice Chairman and Managing Director, RTC House, Vijayawada, NTR District. 3. The Executive Director, A.P.S.R.T.C., Zone-3, Nellore. 4. The District Public Transport Officer, A.P.S.R.T.C., Narasaraopet, Palanadu district. 5. The Depot Manager, A.P.S.R.T.C., Chilakaluripet, Palanadu district. 522616. ...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 or Order more in the nature of Writ of Mandamus declaring the impugned action of the respondents in not granting and releasing the Additional Monetary Benefit (AMB) of the petitioners, since more than two years, from the dates of their retirements on medical grounds is contrary to the Regulation 6-A(4) and 6-A(5) of A.P.S.R.T.C. Employees (Service) Regulations, 1964 and Circular No.PD-15/2015 dt. 14-05-2015 issued by the 2"^^ respondent is Illegal, arbitrary, discriminatory, and violation of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents to forthwith release the above amounts together with interests on delayed payments to the petitioners lA NO: 1 OF 2024 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 to direct the respondents to forthwith examine and consider the representation of the petitioners dt.21-08-2023 for releasing Additional monetary Benefit (AMB) pending disposal of the above W.P Counsel for the Petitioners: SRI EADARA PEDDANNA Counsel for the Respondents No.1 to 5: GP FOR TRANSPORT (AP) The Court made the following order: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1584 of 2024 ORDER: the action of the Additional Monetary Benefit more than two years, from the date of their illegal and contrary to the Regulation Employees (Service) Regulations, 1964 14.05.2015 issued by Respondent No.2. The present Writ Petition is filed questioning Respondents in not granting and releasing of the Petitioners, since retirement on medical grounds, as 0.A(4) and 6-A(5) of A.P.S.R.T.C. and Circular No.PD-15/2015, dated 1. interim order in this case, this Court on 23.01.2024 passed an consider the Representation dated 21.08.2023 a speaking order within a period of im orders by this Court, Respondent No.2 12.03.2024. 2. directing the Respondents to submitted by the Petitioners and pass four (4) weeks. In view of the interim issued Proceedings Respondent No.2 while issuing the of Petitioners being entitled for dated No. P2/876/(02)/2024-PO. Ill, said proceedings did not dispute the additional monetary benefit. Relevant factum portion of the Proceedings reads as under; “Since such APPTD employees who are rendered unfit are because of absence of both fronts Additional Monetary Benefit in lieu of put to disadvantage on alternate employment or such alternate employment, a letter was addressed to GoAP to payment of Additional Monetary Benefit to the medically medical grounds through this permit the unfit employees who were retired on Lr. No.P1/468(02)/2023-PO. Ill, Government is awaited on this issue. 23.11.2023. dated office Permission from 2 In the light of above facts, an appropriate decision will be taken on the receipt of orders from the Government of AP.” 3. The proceedings issued by Respondent No.2 dated 12.03.2024 categorically admit to the entitlement of the Petitioners for the additional monetary benefit and they are just awaiting the decision of the Government to pay the same, in W.P.No.4640 of 2025, this Court in the case of similarly placed employee directed payment of additional monetary benefit without awaiting for the approval of the State. 4. In that view, this Writ Petition is disposed of with the following directions: (i) The Respondents are directed to release the additional monetary benefits, as admitted in Proceedings No. P2/876(02)/2024- PO.III, dated 12.03.2024, within a period of two (2) months from the date of receipt of copy of this order without awaiting for the permission of the Government; (ii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. N\. SWNWAS registrar section officer 1. The Principal Secretary, State of Andhra Pradesh, Roads and Buildings Transport (RTC) Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist. ^ The Vice Chairman and Managing Director, A.P.S.R.T.C., RTC House, Vijayawada, NTR District. //TRUE COPY// assistant To, 3. The Executive Director, A.P.S.R.T.C., Zone-3, Nellore. The District Public Transport Officer, A.P.S.R.T.C., Narasaraopet, Palanadu district. The Depot Manager, A.P.S.R.T.C., Chilakaluripet, Palanadu district. 522616. One CC to SRI EADARA PEDDANNA Advocate [OPUC] Two CCs to GP FOR TRANSPORT (AP) High Court of Andhra Pradesh [OUT] Two CD Copies 4. 5. 6. 7. 8. gsg . t.. HIGH COURT DATED; 31/07/2025 ORDER WP NO. 1584 OF 2024 OF ANOft^ 01 SEP 2025 m * ^ /* lO, \5- DISPOSING THE WP WITHOUT COSTS