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High Court of Andhra Pradesh · body

2025 DAILYLAW 56999 (AP)

V BURRAIAH v. THE STATE OF AP

WP/1582/2024 · 2025-09-17

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'APHC010027512024 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI y (Special Original Jurisdiction) (j THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: OF onoA 0 Between: Burraiah, S/o Pitchaiah, aged about 60 years, Rtd. Conductor (Retired - Voluntary basis E.No.392111) RTC Depot, Chilakaluripeta, Palnadu district. R/0 D.No.3-124, Kavum Lingamguntia, Kavuru Palanadu district-522611. on post, Chilakaluripeta mandal ...PETITIONER AND 1. The State of Andhra Pradesh rep., by its Principal Secretary, Roads Secretariat, Velagapudi, and Buildings Transport (RTC) Department, Amaravathi, Guntur Dist. 2. The A. P. S. R. T. C., RTC House, Vijayawada, NTR District. 3. The Executive Director, A.P.S.R.T.C., Zone-3, Nellore. 4. The District Public Transport Officer, Palanadu district. 5. The Depot Manager, A.P.S.R.T.C., 522616, rep., by its Vice Chairman & Managing Director A.P.S.R.T.C., Narasaraopet, Chilakaluripet, Palanadu District. ...RESPONDENTS of India praying that in the the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue Writ or Order more i declaring the impugned releasing the payment of Pay in the nature of Writ of Mandamus action of the respondents in not granting and and D.A., pertains to the left over service of 3 years, 5 months and 26 days, in terms of Regulation 6(i)(c) A P S R T C Employees (Service) Regulations and violation of Articles 14, 1964 is illegal, arbitrary, discriminatory, 21 and 300(A) of the Constitution of India and consequently direct the respondents to forthwith together with interests release the above on delayed payments to the petitioner amounts jA NO: 1 OF pn9A Petition under Section 151 CPC in the affidavit filed i direct the respondents dt.02.08.2023 for releasing left above W.P. praying that in the circumstances stated in support of the petition, the High Court may be pleased to petitioner pending disposal of the to consider the representation of the over service benefits Counsel for the Petitioner: Counsel for the Respondent No. SRI EADARA PEDDANNA 1: GP FOR SERVICES II Counsel for the Respondent Nos.2 to 5:SRI SOLOMON RAJU manchala, sc for apsrtc The Court made the following order: APHC010027512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1582/2024 Between: 1.V BURRAIAH, S/0 PITCHAIAH, AGED ABOUT 60 YEARS, RTD. CONDUCTOR (RETIRED ON VOLUNTARY BASIS E.N0.392111) RTC DEPOT, CHILAKALURIPETA, PALNADU DISTRICT. R/0 D.NO.3-124, KAVURU LINGAMGUNTLA, KAVURU POST, CHILAKALURIPETA MANDAL, PALANADU DISTRICT-522611. ...PETITIONER AND 1 THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, (RTC) VELAGAPUDI, ROADS AND BUILDINGS TRANSPORT DEPARTMENT, SECRETARIAT, 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, ...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 payment of Pay and D.A., pertains to the left over service of 3 years, 5 months and 26 days, in terms of Regulation 6(i)(c) A.P.S.R.T.C.Employees (Service) Regulations, 1964 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 petitioner and pass 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 pleased to direct the respondents consider the representation of the petitioner to dt.02.08.2023 for releasing left over service benefits 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 2.SOLOMON RAJU MANCHALAFOR (APSRTC) The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.1582 of 2024 ORDER: The present Writ Petition is filed questioning the action of Respondents in not granting and releasing the payment of Pay and D.A., pertains to the leftover service of three years, five months and 26 days in terms of Regulation 6(i) (c) of the A.P.S.R.T.C. Employees (Service) Regulations, 1964. In this case, this Court on 23.01.2024 passed an interim order 2. directing the Respondents to consider the Representation dated 02.08.2023 submitted by the Petitioner and pass a speaking order within a period of four (4) weeks. In view of the interim orders by this Court, Respondent No.5 issued Proceedings No.01/75602/2022- CPT, dated 23.08.2024. Respondent No.5 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; “Further, the employees of APPTD who retired on or after 01.01.2020 and eligible for AMB as APSRTC employees, to be taken decision as per guidelines of GO which is awaiting for. 2 3. 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. In that view, this Writ Petition is disposed of with the following 4. directions; (i) The Respondents are directed to release the Additional Monetary Benefits, as admitted in Proceedings No.01/75602/2022- CPT, dated 23.08.2024, 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, the miscellaneous petitions if any shall stand dismissed. SD/- SHAIK MOHD. RAFI ASSISTANT REjGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary Department, State of Andhra Pradesh, Amaravathi, Guntur Dist. 2. The Vice Chairman & Managing Director, A P S R T C, 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. 5. The Depot Manager, A.P.S.R.T.C., Chilakaluripet, 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 Manchala, SC for APSRTC [OPUC] 9. Two CD Copies, ssb Roads and Buildings Transport (RTC) Secretariat, Velagapudi, RTC House, Narasaraopet, district. C's f HIGH COURT DATED: 18/09/2025 ORDER WP No. 1582 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS