APHC010453262012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 40034/2012 Between: 1.K. VENKATESWARA RAO,, E-350502, DRIVER SI° OF BANGARAIAH, AGED ABOUT 52 YEARS, R/ O H.NO.42-6-13, AJIT SINGH NAGAR, BLOCK NO.33, VIJAYAWADA-15, KRISHNA DISTRICT. ...PETITIONER AND 1.THE A P S R T C REP BY ITS MANAGING DIRECTOR, MUSHEERABAD, HYDERABAD. 2.THE REGIONAL MANAGER A P S R T C, KRISHNA REGION, AT VIJAYAWADA, KRISHNA DISTRICT 3.THE DEPOT MANAGER A P S R T C, AUTONAGAR DEPOT, KRISHNA 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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in directing the petitioner to clear the CCS out standing amount instead of recovering the same from the arrears of the wages vide proc No: E1/756(16)/09-ATNR, Dt 11-5-2012 without fixing the pay of the petitioner by counting the service granted by this Hon'ble court duly adding notional pay fixations and thereby causing loss to the petitioner is high handed and arbitrary action, contrary to APSRTC Regulations, and as such liable to be set aside in the interest of justice with a consequential direction to the respondents to extend all the benefits for the out of employment period as per the orders in W.A.No: 2185/2003 Dt 7-9-2011 and to pay the arrears of wages and the other benefits forthwith and pass IA NO: 1 OF 2012(WPMP 50822 OF 2012 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 Fix an early date of hearing of the W. P, and pass Counsel for the Petitioner: 1.S M SUBHAN Counsel for the Respondent(S): 1.P DURGA PRASAD SC FOR APSRTC The Court made the following: 2 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.40034 OF 2012 ORDER: 1. The petitioner seeks a direction to the respondents to clear the Credit Cooperative Society (CCS) independently, instead of recovering the same from the arrears of wages payable to the petitioner. 2. It is submitted that the petitioner was engaged as a Driver and, on account of ill-health, the petitioner did not attend duty for the period from 30.06.1992 to 29.07.1992. Due to the petitioner’s absence from duty, the respondent authorities terminated the services of the petitioner. Aggrieved by the same, the petitioner filed ID.No.75 of 1998 before the Labour Court, Guntur and the Labour Court set aside the order of removal dated 16.01.1993 and directed reinstatement of the petitioner into service with continuity of service with back wages from 17.02.1998 till date of reinstatement. The back wages were directed to be paid from the date of filing of the ID.No.75 of 1998. 3. Aggrieved by the award passed by the Tribunal, the respondent authority filed WP.No.21638 of 2002 and the learned single Judge modified the order by granting 50% of back wages instead of full back wages from the date of filing of the ID till reinstatement. 4. Pursuant to the award, the petitioner was reinstated as a fresh driver. However, the amounts due to the petitioner were not released and were instead adjusted towards the outstanding dues payable by the petitioner to the Credit Cooperative Society (CCS). It is submitted that the dues 3 payable to the CCS had accrued due to non-receipt of salary or other payments by the petitioner, and the unilateral adjustment of CCS dues is challenged in the present writ petition. 5. The learned standing counsel appearing for the respondent-corporation submits that the petitioner has attained the age of superannuation and that the adjustment of the CCS dues was made in terms of an undertaking furnished by the petitioner. It is further submitted that all payments made to employees are subject to pre-audit by the internal audit wing of the respondent-corporation. Upon audit of the amounts payable to the petitioner, the dues payable to the CCS were identified and accordingly adjusted. It is also submitted that after attaining the age of superannuation, the petitioner has been paid all service benefits due and payable to him. 6. Considering the submissions and the fact that the amounts directed to be paid towards 50% back wages from the date of filing of fID.No.75 of 1998 till the date of reinstatement were adjusted towards the outstanding dues payable by the petitioner to the CCS, and further considering that it is not in dispute that the petitioner had furnished an undertaking permitting adjustment of CCS dues from any receivables form the respondent-corporation. 7. This Court is of the considered view that no further adjudication is required, as the petitioner has already attained the age of superannuation and the recovery of dues towards Credit Cooperative 4 Society (CCS) has been effected to and credited to the account of the CCS. 8. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 134 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.40034 OF 2012 Dated 19.01.2026 KGM