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2026 DAILYLAW 20434 (AP)

The Depot Manager v. K.Nagendra

WP/11236/2023 · 2026-01-21

D Ramesh

body2026

Judgment text

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APHC010214982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 11236/2023 Between: 1. THE DEPOT MANAGER,, APSRTC, NANDYAL DEPRT, KURNOOL. 2. THE DEPUTY CHIEF TRAFFIC MANAGER-2,, APSRTC, KURNOOL, KURNOOL DISTRICT ...PETITIONER(S) AND 1. K NAGENDRA, (DIED BY L.RS) 2. SMT K SHANKARAMMA, W/O LATE K.NAGENDRA, AGED 64 YEARS. 3. K NAGARAJU, S/O K.NAGENDRA, AGED 43 YEARS 4. K NAGENDRA, S/O K.NAGEDRA, AGED 35 YEARS 5. K RAJASEKHAR, S/O K.NAGENDRA, AGED 28 YEARS 6. SMT SURYA SIREESHA, D/O K.NAGENDRA, AGED 28 YEARS, ALL ARE HINDUS, RESIDING AT MANGALIPETA VISWANAGAR, NANDYAL, KURNOOL DISTRICT. 7. THE CHAIRMAN CUM PRESIDING OFFICER, INDUSTRIAL TRIBUNAL - CUM - LABOUR COURT, ANANTHAPURAMU. ...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 a writ, order or direction more particularly one in the nature of WRIT OF Certiorari declaring the Award in ID No. 126 of 2016 dated 01.07.2022 on the file of the Industrial Tribunal cum Labour Court, Ananthapuramu, notified by GO Rt.No. 281 dated 29.07.2022, as illegal, irregular, irrational, without application of mind, violative of principles of natural justice and Articles 14 and 21 of Constitution of India and set aside the same and consequently suspend the award in ID No.126 of 2018 dated 17.06.2022 on the file of the Industrial Tribunal cum Labour Court, Ananthapuramu and to pass IA NO: 1 OF 2023 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 suspend the Award in ID No. 126 of 2016 dated 17.06.2022 on the file of the Industrial Tribunal cum Labour Court, Ananthapuramu pending disposal of the above writ petition and to pass IA NO: 2 OF 2023 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 Vacate the Interim Stay orders passed in I.A.No: 1/2023 in W.P.No 11236 of 2023, Dt.01-05-2021forthwith and to pass Counsel for the Petitioner(S): 1. SOLOMON RAJU MANCHALAFOR (APSRTC) Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. The Court made the following: ORDER: 1. This Writ Petition is filed challenging the award in I.D. No.126 of 2016, dated 01.07.2022, passed by the Industrial Tribunal-cum-Labour Court, Ananthapuramu, whereby the I.D. was allowed, the proceedings dated 14.05.2015 as well as the orders of the appellate authority were set aside, and directions were issued to treat the 1st petitioner/1st respondent as continued in service till superannuation and to grant all retirement benefits. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 3. The learned counsel for the petitioners initially submits that this Court granted an interim direction on 01.05.2023, which was subsequently extended by orders dated 19.06.2023. 4. Now, the learned counsel appearing on behalf of the respondents has filed a vacate stay application and submits that the respondents are willing to accept all retirement benefits without continuation of service. 5. The learned counsel for the petitioners/corporation has no objection to paying the retirement benefits without treating the respondents as continued in service. 6. Considering the above submissions, the Writ Petition is disposed of directing the petitioners to pay all retirement benefits to the legal heirs of the 1st respondent herein, without continuation of service. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _____________________ JUSTICE D.RAMESH Date :22.01.2026 RMD THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 11236/2023 Date :22.01.2026 RMD