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2025 DAILYLAW 52279 (AP)

N HARI DATTA v. THE STATE OF AP

WP/30707/2025 · 2025-11-05

Nyapathy Vijay

body2025

Judgment text

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APHC010594342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30707/2025 Between: 1. N HARI DATTA, S/O LAXMAINARAYANA, AGED ABOUT 59 YEARS, RTD.CONDUCTOR -E.353086 (ON MEDICAL GROUNDS) GUNTUR -1 DEPOT, GUNTUR DISTRICT. R/O D.NO.7-19-29, 8TH LINE, KAKUMANU VARI THOTA, GUNTUR - 522002. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS TRANSPORT (RTC) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE A P S R T C, REP., BY ITS VICE CHAIRMAN MANAGING DIRECTOR, RTC HOUSE, VIJAYAWADA, NTR DISTRICT. 3. 3. THE DISTRICT PUBLIC TRANSPORT OFFICER, A.P.S.R.T.C., GUNTUR, GUNTUR DISTRICT - 522002. 4. 4. THE DEPOT MANAGER, A.P.S.R.T.C., GUNTUR - I, GUNTUR DISTRICT - 522002. ...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 toleased 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) and other 2 retirement benefits of the petitioner, since more than four years from the dates of his retirement on medical grounds is contrary to Regulation 6-A(4) and 6-A(5) of AP.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 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. 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.30707 of 2025 ORDER: The present writ petition is filed declaring that the petitioner is entitled for additional monetary benefits due to his retirement on medical invalidation grounds on 09.11.2021. 2. The facts leading to file the present writ petition are as follows: The petitioner was working as a Conductor at Guntur-1 Depot. While in service, the Medical Officer, Guntur (MO/GNT), declared the petitioner unfit for the post of Conductor in A2 category vide MC.No.0/229013 dated 29.02.2021, due to DM with peripheral neuropathy. The appeal filed by the petitioner was placed before the Medical Board, and the Board examined the petitioner on 09.11.2021. After examination, the Medical Board found him unfit as per the medical standards of APSRTC, due to vascular parkinsonism, cerebrovascular disease, and diabetic neuropathy. Consequently, vide letter No.E1/19(M.B-20)/21 dated 09.11.2021, issued in terms of the APSRTC Employees (Service) Regulations, 1964, the petitioner was retired from service on medical grounds vide proceedings No.P1/193(01)/2021-GNT-1 dated 15.11.2021, issued by the Office of the Depot Manager. 3. Learned counsel for the petitioner would submit that similarly placed employees working in APSRTC have been recommended for grant of 4 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 of the additional monetary benefits extended to the similarly situated employees in the APSRTC while consider the case of the petitioner. 6. The writ petition is accordingly, disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 06.11.2025 SNI 5 127 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.30707 of 2025 Dated: 06.11.2025 SNI