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High Court of Andhra Pradesh · body

2025 DAILYLAW 8319 (AP)

Y RAVI KUMAR v. THE STATE OF AP

WP/4640/2025 · 2025-03-20

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4640 OF 2025 Between: Y.Ravi Kumar, S/o Venkaiah, aged about 60 years. Staff No.506050, R/o D.No.25-2-469, 11 SPSR Nellore District. th Street, Lake View Colony, Podalakur Road Nellore ...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 & Managing Director, RTC House, Vijayawada, NTR District. 3. The Regional Manager, A.P.S.R.T.C., Nellore Region, Nellore, SPSR Nellore District. 4. The Depot Manager, A.P.S.R.T.C., Nellore -1 Department, Nellore, SPSR Nellore District. ...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 petitioner, since more than four years, from the date of his retirement 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 is illegal, arbitrary, discriminatory, and violation of Articles 14, 21 and 300(A) of the Constitution of Ir^^a and consequently direct the respondents to forthwith release the ^n amount of Rs. 15,33,312/- together with interests on delayed ■ppyrrfents to the petitioner. lA 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 for payment of the Additional Monetary Benefit (AMB) pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI EADARA PEDDANNA Counsel for the Respondent No.1: ASST.GP FOR SERVICES-II Counsel for the Respondent Nos.2 to 4: SRI S.VENKATESWARLU, SC FOR APSRTC Al^ The Court made the following: ORDER APHC010088932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4640/2025 Between: Y Ravi Kumar ...PETITIONER AND The State of A.R and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.EADARAPEDDANNA Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to declare the impugned action of the respondents in not granting and releasing the Additional Monetary Benefit (AMB) of the petitioner since more than four years from the date of his retirement on medical grounds is contrary to the Regulation 6-A(4) and 6-A(5) of A.P.S.R.T.C. Employees 2 CGRJ W.P. No.4640 of 2025 (Service) Regulations 1964 as 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 AMB an amount of Rs. 15,33,312/- together with interests on delayed payments to the petitioner and pass such other orders.” 2. Petitioner earlier filed W.P. No.9853 of 2023 claiming payment of Rs. 15,33,312/- and this Court disposed of the same on 20.04.2023 directing petitioner to file fresh representation and the same to be considered and disposed of by respondents in accordance with law within a period of four weeks. Petitioner accordingly submitted representation dated 06.11.2023 and the same came to be disposed of by proceedings dated 01.04.2024. The 2nd respondent while disposing the said writ petition did not dispute the factum of petitioner being entitled for additional monetary benefit and in fact accepting the same has addressed the issue to government for necessary permission and is awaiting the same. Relevant portion of the letter read as under: “Since such APPTD employees who are rendered medically 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 3 CGRJ W.P. No.4640 of 2025 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 office Lr.No.P1/468(02)/2023-PO.IIi; dated 23.11.2023. Permission from Government is awaited on this issue, in the light of above facts, an appropriate decision will be taken on the receipt of orders from the Government ofAP.” 3. Learned counsel for petitioner submits that an identically placed person was paid additional monetary benefit when this Court has directed to release the same, since they have already admitted and placed reliance on orders passed by this Court in W.P. No. 15208 of 2023. 4. Learned standing counsel placed on record written instructions which also confirm that the amounts claimed by the petitioner are not in dispute and that the 2""^ respondent addressed a letter dated 01.04.2024 to the Government for necessary permission. The proceedings of 2"'* respondent dated 01.04.2024 categorically admitted the factum of payment of additional monetary benefit to the petitioner, and they are just awaiting for the decision of the Government to pay the same. 5. 4 •v. CGR, J W.P. No.4640 of 2025 6. In W.P. No. 15208 of 2023, this Court, considering similar circumstances, directed respondents to release the additional monetary benefits and subsequently, based on the same by proceedings No.L1/876(786)/2024-DPTO(P), dated 13.09.2024, the amounts were settled. Considering the aforesaid submissions and having regard to the fact that respondents have admitted payment of additional monetary benefit, however, the same is awaiting the permission of 1®‘ respondent, this writ petition is disposed of directing the respondents to release the additional monetary benefits as admitted vide letter No.P2/754(37)2023-PO.III, dated 01.04.2024, within a period of two months from the date of receipt of a copy of this order. No costs. 7. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// W §4- SECTION OFFICER To, 1. The Principal Secretary, Roads & Buildings Transport (RTC) Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Vice Chairman & Managing Director, A.P.S.R.T.C., RTC House, Vijayawada, NTR District. 3. The Regional Manager, A.P.S.R.T.C., Nellore Region, Nellore, SPSR Nellore District. 4. The Depot Manager, A.P.S.R.T.C., Nellore -1 Department, Nellore, SPSR Nellore District. One CC to Sri Eadara Peddanna, Advocate [OPUC] Two CCs to GP for Services-ll, High Court of Andhra Pradesh. {OUT] One CC to Sri S.Venkateswarlu, SC for APSRTC. [OPUC] Three CD Copies. 5. 6. 7. 8. gi N HIGH COURT DATED:20/03/2025 ORDER WP.No.4640 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS