APHC010708802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36661/2025 Between: 1. SK RAZAK @ SK ABDUL RAZAK, S/O SHAIK MAHABOOB, 47 YEARS, MALE, OCCUPATION DRIVER BEARING NO.E.701022, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION (APSRTC), ELURU DEPOT, RESIDENT OF H.NO.3-28, DARUGA VARI STREET, NEAR RAMALAYAM, SANIVARAPUPET, ELURU MANDAL, WEST GODAVARI DISTRICT.(MOBILE NO.7382907336) ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI-522237, GUNTUR DISTRICT 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION APSRTC, PNBS BUS STATION, KRISHNALANKA, VIJAYAWADA-520010, KRISHNA DISTRICT REPRESENTED BY ITS VICE-CHAIRMANS MANAGING DIRECTOR. 3. THE DEPOT MANAGER, ANDHRA PRADESH STATE 2 ROAD TRANSPORT CORPORATION (APSRTC), MAIN ROAD, ELURU-534001,WEST GODAVARI 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 topleased to issue Writ more in the nature of Writ of Mandamus or any other writ order or direction, illegal actions of the respondents No.1 to 3 more particularly respondent No.3 non-payment of HRA, CCA and full pay for a period of 28.10.2024 to 07.02.2025 while I was on leave on the ground of suffering from heart diseases in violation of G.O.Ms.No.33 of finance(HR.IV-FRand LR) department, dated.08.03.2022, Government of Andhra Pradesh G.O.Ms.No.29 of finance(FR.I) department, dated.09.03.2011, Government of Andhra Pradesh G.O.Ms.No.268 of finance and planning (FIN.F.R.I) department, dated.29.10.1991, Government of Andhra Pradesh principles of natural justice Articles. 14 and 16 of the constitution of India is very arbitrary, illegal, unjust and consequently to direct the respondents No. 1 to 3 to pay HRA, CCA and full pay for a period of 28.10.2024 to 07.02.2025 with all consequential benefits etc., along with an interest therein pending disposal of the above writ petition and pass IA 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 Pleased to direct the respondents No.1 to 3 to pay HRA, CCA and full pay for a period of 28.10.2024 to 07.02.2025 with all consequential benefits etc., along with an interest therein pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA 3 Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36661 of 2025 ORDER: The present Writ Petition is filed seeking direction, aggrieved by the inaction of the Respondent in non-payment of House Rent Allowance, City Compensatory Allowance, and full pay for the period from 28.10.2024 to 07.02.2025 while the Petitioner was on leave on account of health issues. 2. The Petitioner is working as a driver under Respondent Nos.2 and 3 and suffered from heart disease during the period from 28.10.2024 to 07.02.2025. It was submitted that, Petitioner was admitted to the Department of Cardiology, Alluri Seetharamaraju Academy of Medical Sciences, Eluru on 30.10.2024 and underwent surgical procedure on 06.11.2024. Later, Petitioner got discharged from the aforesaid hospital on 07.11.2024 and was advised to take rest by the medical professionals. Accordingly, Petitioner was at his residence till 07.02.2025. Thereafter, Petitioner visited Andhra Pradesh State Road Transport Corporation Hospital, got fitness certificate, and joined his services on 08.02.2025. 5 3. The grievance of the Petitioner now is that during the period i.e., 28.10.2024 to 07.02.2025, the Petitioner is entitled for House Rent Allowance, City Compensatory Allowance, and full pay and representation was given to that effect. However, the same is not being considered by the Respondent- Corporation. Hence, the present writ petition is filed. 4. Learned Counsel for the Petitioner relied upon G.O.Ms.No.33 Finance (HR.IV-FR&LR) department, dated.08.03.2022, G.O.Ms.No.29 Finance (FR.1) department dated.09.03.2011 and G.O.Ms.No.268 Finance and Planning (FIN.F.R.I) department, dated.29.10.1991 in support of his contention. 5. Learned Standing Counsel for Respondent Nos.2 and 3 submitted that the representation of the Petitioner would be examined and appropriate decision will be taken. 6. Heard the respective counsel. 7. Considering the submissions, the writ petition is disposed of with the following directions:- 6 (i) The Respondent are directed to consider the representation given by the Petitioner dated 08.02.2025 in terms of G.O.Ms.No.33 Finance (HR.IV-FR&LR) department, dated.08.03.2022 and to pass appropriate orders within a period of eight (08) weeks from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date : 05.01.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 80 WRIT PETITION No. 36661 of 2025 Date : 05.01.2026 chs