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2025 DAILYLAW 4087 (AP)

V.S.Rao v. The State of Andhra Pradesh,

WP/1581/2024 · 2025-07-29

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

't APHC010027482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .V WEDNESDAY,THE THIRTIETH DAY OF JULY 5 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1581 OF 2024 Between: 1. V.S.Rao, S/o Veeraiah, aged about 60 years, Driver (Retired medical grounds-E.No.392274), RTC Depot, Chilakaluripeta, Palnadu district. R/o Flat No.301, Tulasi Apartments, Santha Chilakaluripet- 522616. 2. Kolia Mohan Rao, S/o Janakaiah, aged about 58 years. Driver (Retired on medical grounds E.No.725754), RTC Depot, Palnadu district. R/o Mittapalem village, Gottipadu post, Chilakaluripet mandal, Palnadu district. on Chilakaluripeta, ...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 11 r ...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 please’d yo 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.14-05-2025 issued by the 2nd 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 direct the respondents to forthwith examine and consider the representation of the petitioners dt.03-08-2023 for releasing Additional Monetary Benefit (AMB) pending disposal of the above W.P. Counsel for the Petitioners: SRI EADARA PEDDANNA Counsel for the Respondent No.1: GP FOR SERVICES II Counsel for the Respondent Nos.2 to 5: SRI SOLOMON RAJU MANCHALAFOR (APSRTC) The Court made the following order: V APHC010027482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1581/2024 Between: 1.V.S.RAO, S/0 VEERAIAH, AGED ABOUT 60 YEARS, DRIVER (RETIRED ON MEDICAL GR0UNDS-E.N0.392274), RTC DEPOT, CHILAKALURIPETA, PALNADU DISTRICT. R/0 FLAT NO.301, TULASI APARTMENTS, SANTHA CHILAKALURIPET-522616. 2.KOLLA MOHAN RAO. S/0 JANAKAIAH, AGED ABOUT 58 YEARS. DRIVER (RETIRED ON MEDICAL GROUNDS E.N0.725754), RTC DEPOT, CHILAKALURIPETA, PALNADU DISTRICT. R/0 MITTAPALEM VILLAGE, GOTTIPADU POST, CHILAKALURIPET MANDAL, PALNADU DISTRICT. ...PETITIONER(S) 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 MANAGING DISTRICT. BY ITS VICE CHAIRMAN AND DIRECTOR, RTC HOUSE, VIJAYAWADA, NTR 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., T' 2 NARASARAOPET, PALANADU DISTRICT. 5.THE DEPOT MANAGER, A.P.S.R.T.C., CHILAKALURIPET, PALANADU DISTRICT. 522616 ...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 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.14-05-2025 issued by the 2nd 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 and pass such other order. 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.03-08-2023 for releasing Additional Monetary Benefit (AMB) pending disposal of the above W.P and pass such other order. Counsel for the Petitioner(S): 1.EADARA PEDDANNA Counsel for the Respondent(S): 1.GP FOR SERVICES II 2.SOLOMON RAJU MANCHALAFOR (APSRTC) The Court made the following; p HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1581 of 2024 ORDER; 1. The present Writ Petition is filed questioning the action of Respondents in not granting and releasing the Additional Monetary Benefit of the Petitioners, since more than two years, from the date of their retirement on medical grounds, as illegal and 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, dated 14.05.2015 issued by Respondent No.2. In this case, this Court on 23.01.2024 passed an interim order directing the Respondents to consider the Representation dated 03.08.2023 submitted by the Petitioners and pass a speaking order within a period of four (4) weeks. In view of the interim orders by this Court, RespondentNo.2 Proceedings No.P2/876/(03)/2024-PO.III, dated 12.03.2024. Respondent No.2 while issuing the said proceedings did not dispute the factum of Petitioner being entitled for additional monetary benefit. Relevant portion of the Proceedings reads as under; 2. issued “Since such APPTD employees who are rendered unfit are put to disadvantage on both fronts because of absence of alternate employment or Additional Monetary Benefit in lieu of such alternate employment, a letter was addressed to GoAP to permit the payment of Additional Monetary Benefit to the medically unfit employees who were retired on medical grounds through this 23.11.2023. dated Lr. No.P1/468(02)/2023-PO. Ill, Permission from Government is awaited on this issue. office 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 Petitioner 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/ (04)/ 2024/2024- 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. 5. As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTJ^^ISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Roads and Buildings Transport (RTC) Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The Chairman and Managing Director, A P S R T C, Vice, 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 Palanadu district. Narasaraopet, 5. The Depot Manager, A.P.S.R.T.C., Chilakaiuripet, Palanadu 522616 6. One CC to Sri. Eadara Peddanna, Advocate [OPUC] 7. Two CCs to GP For Services II High Court of Andhra Pradesh [OUT] 8. One CC to Sri. Solomon Raju Manchalafor (APSRTC) Advocate [OPUC] 9. Two CD Copies. district. AL HIGH COURT DATED:30/07/2025 ORDER WP NO. 1581 OF 2024 1 ^ AUG 2025 ntSectionxv o Co '•^AT DISPOSING OF THE W.P. WITHOUT COSTS