APHC010522772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28382/2026 Between: 1. B BABU NAIK, S/O NANU NAIK AGED 51 YEARS, OCC.EX- DRIVER, E- 554323, (UNDER REMOVAL FROM SERVICE) O/O. THE PILER DEPOT, A.P.S.R.T.C., ANNAMAIAH DISTRICT. R/O. PILER. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT AND ROADS AND BUILDING DCPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR CUM VICE-CHAIRMAN, PANDIT NEHRU BUS STATION, VIJAYAWADA, N.T.R. DISTRICT. 520001 3. THE DEPOT MANAGER, APSRTC, PILER DEPOT, ANNAMAIAH DISTRICT ...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 toissue writ or order more in the nature of Writ of Mandamus declaring the action of the respondents particularly respondent No.3 not paying the suspension allowance during the 2 suspension period from 17.12.2025 to 19.06.2026 is highly illegal, arbitrary, contrary to the F.R. 53 and violation of principles of natural justice and consequently to direct the respondents to pay the suspension allowance during the suspension period from 17.12.2025 to 19.06.2026 to the petitioner forthwith IA NO: 1 OF 2026 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 pay the suspension allowance during the suspension period to the petitioner from 17.12.2025 to 19.06.2026 Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28382 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent-Authorities in not paying the suspension allowance to the Petitioner during the suspension period, i.e., from 17.12.2025 to 19.06.2026, as illegal and arbitrary. 2. The Petitioner is working as a Driver in the Respondent- Corporation and was suspended from service on 04.07.2025 as he was found consuming alcohol while on duty. The Petitioner, while under suspension, was paid subsistence allowance up to 17.12.2025 and thereafter, the subsistence allowance was not paid to the Petitioner. Parallelly, after due enquiry, the Petitioner was imposed a penalty of ‘Removal from service’ vide orders, dated 19.06.2026. Questioning the non-payment of subsistence allowance to the Petitioner for the aforesaid period, the present Writ Petition is filed. 3. Learned counsel for the Petitioner submitted that the relief sought in the present Writ Petition is for payment of the subsistence allowance to which the Petitioner is entitled for the period of 4 suspension, i.e., from 17.12.2025 to 19.06.2026, which has not been paid to him. 4. Learned Standing Counsel for Respondent-Corporation submitted that the grievance of the Petitioner would be examined by the Respondent-Authorities and an appropriate decision would be communicated to him. 5. Heard Sri Pamarhti Kameswara Rao, learned counsel for the Petitioner as well as learned Standing Counsel for Respondent- Corporation. 6. Considering the submissions, with the consent of learned counsel appearing on both sides, this Writ Petition is disposed of at the admission stage, with the following directions:- (i) The Respondent-Authorities are directed to examine the grievance of the Petitioner with respect to non-payment of suspension allowance to him during the suspension period, i.e., from 17.12.2025 to 19.06.2026 and to pay the subsistence allowance as per his entitlement within a period of two months from the date of receipt of a copy of this order. 7. No order as to costs. 5 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 01.10.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 126 WRIT PETITION No.28382 of 2026 Dated:01.10.2026 chs