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2025 DAILYLAW 51578 (AP)

CH SIVAIAH v. THE STATE OF ANDHRA PRADESH

WP/30747/2025 · 2025-11-06

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010594352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30747/2025 Between: 1. CH SIVAIAH, S/O TIRUPATAIAH, AGED ABOUT 59 YEARS, OCC- DRIVER RETIRED ON MEDICAL GROUNDS- E.NO.726095) RTC DEPOT, PIDUGURALLA, PALNADU DISTRICT. R/O D.NO.12/76, PONNEKALLU, GUNTUR DISTRICT-522018. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS TRANSPORT (RTC) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE A P S R T C, REP., BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR RTC HOUSE, VIJAYAWADA, NTR DISTRICT. 3. THE DISTRICT PUBLIC TRANSPORT OFFICER, A.P.S.R.T.C., GUNTUR, GUNTUR DISTRICT - 522002. 4. THE DEPOT MANAGER, A.P.S.R.T.C., PIDUGURALLA, PALANADU DISTRICT - 522413. ...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 or Order more in 2 the nature of WRIT OF MANDAMUS declaring the impugned action of the respondents in not granting and releasing the Additional Monetary Benefit (AMB) and other retirement benefits of the from the dates of his retirement onpetitioner, since more than two years is contrary to Regulation 6-A(4) and 6-A(5) ofmedical grounds A.P.S.R.T.C.Employees (Service) Regulations, 1964, and Circular No.PD- 15/2015 dt. 14-05-2015 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 Additional Monetary Benefit (AMB) and other retirement benefits together with interests on delayed payments to the petitioner 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 to forthwith examine and consider the representation of the petitioner dt.25-09-2025 for releasing Additional Monetary Benefit (AMB) pending disposal of the above W.P. and pass Counsel for the Petitioner: 1. EADARA PEDDANNA Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.30747 of 2025 ORDER : The present Writ Petition is filed declaring the action of the Respondents in not granting and releasing the Additional Monetary Benefit and other retirement benefits of the Petitioner from the date of retirement as arbitrary and illegal. 2. The facts leading to file the present Writ Petition are as follows:- The Petitioner was appointed as Driver in APSRTC in the year 1998 and his services had been regularized. Being a Driver, he has to undergo periodical medical checkups conducted by the Medical Board of the Respondent-Corporation. In the examination conducted on 15.09.2023, the Medical Board found the Petitioner unfit for the A.I Category of Driving including all other categories and recommended for retirement on medical grounds. The Petitioner was retired from service on 31.10.2023 though he had still four years of service, on medical grounds, and sought for Additional Monetary Benefit as was being provided to the similarly situated persons in APSRTC. Though, the Petitioner had submitted a representation 25.09.2025, the same has not been considered so far, the present Writ Petition came to be filed. 4 3. Learned counsel for the Petitioner would submit that similarly placed employees working in APSRTC have been recommended for grant of Additional Monetary Benefits and the Petitioner is also entitled the same benefits on par with other similarly placed employees. 4. Learned Standing Counsel for the Respondents would submit that the representation of the Petitioner would be considered as expeditiously as possible. 5. Considering the submissions made, this Writ Petition is disposed of with following directions: (i) The Respondent Authorities are directed to consider the representation of the Petitioner dated 25.09.2025 and pass appropriate orders within a period of three (03) months from the date of receipt of a copy of this order; (ii) The Respondent Authorities shall take into consideration the Additional Monetary Benefits extended to the similarly situated employees in the APSRTC while considering the case of the Petitioner. (iii) No order as to costs. 5 As a sequel, the miscellaneous petitions if any shall stand dismissed. __________________ NYAPATHY VIJAY, J Date: 07.11.2025 KLP