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2026 DAILYLAW 9734 (AP)

D NARAYANA SWAMY v. THE STATE OF ANDHRA PRADESH

WP/25748/2026 · 2026-09-09

Nyapathy Vijay

body2026

Judgment text

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APHC010471302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25748/2026 Between: 1. D NARAYANA SWAMY, S/O BHUSHAIAH, AGED ABOUT 60 YEARS, RTD. DRIVER- E.NO.625389 (RETIRED ON VOLUNTARY BASIS) RTC DEPOT, CHILAKALURIPETA, PALNADU DISTRICT. R/O 4-52, POLURU, YEDDANAPUDI MANDAL, BAPATLA DISTRICT - 523171 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, ROADS AND BUILDINGS TRANSPORT (RTC) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE A P S R T C, REP., BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, RTC HOUSE, VIJAYAWADA, NTR DISTRICT - 520013. 3. THE DISTRICT PUBLIC TRANSPORT OFFICER, A.P.S.R.T.C., NARSARAOPETA, PALNADU DISTRICT - 522601. 4. THE DEPOT MANAGER, A.P.S.R.T.C., CHILAKALURIPETA, PALNADU DISTRICT - 522616. ...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 2 may be pleased toissue Writ or Order more in the nature of WRIT OF MANDAMUS declaring the impugned action of the respondents in not granting and releasing the payment of Additional Monetary Benefit pertains to the left over service of 2 years 3 months and Earned leave encashment in terms of Regulation 6 1 c ii a 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 India and consequently direct the respondents to forthwith release the above said amounts together with interests on delayed payments to the petitioner and 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 consider the representation of the petitioner dt.25-07- 2026 for releasing left over service benefits (A.M.B.) and Earned leave encashment, pending disposal of the above W.P. and pass Counsel for the Petitioner: 1. EADARA PEDDANNA Counsel for the Respondent(S): 1. P VENKATA RAO SC For APSRTC 2. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.25748 of 2026 ORDER: 1. The present Writ Petition is filed questioning the impugned action of the Respondent-Authorities in not releasing the Additional Monetary Benefit and earned leave encashment in terms of Regulation 6(1)(c)(ii)(a) of APSRTC Employees (Service) Regulations, 1964 to the Petitioner, as illegal and arbitrary. 2. The Petitioner had originally appointed as a Driver on 01.01.1999 in Respondent/Corporation. After serving 25 years in the Respondent/Corporation, the Petitioner was permitted to retire from service on voluntary basis on 25.03.2025. At the time of retirement, the Petitioner had 02 years 03 months of service in the Respondent/Corporation. As per Regulation 6(1)(c)(ii)(a) of APSRTC Employees (Service) Regulations, 1964, those who are permitted to retire from service on voluntary basis with a left-over service of 05 years or below, are entitled to 15 days wages for each year for service left over. 3. In that context, the Petitioner had submitted a representation dated 25.07.2026 seeking for payment of additional monetary benefit 4 and other retirement benefits. As the said representation is not being considered, the present Writ Petition came to be filed. 4. Sri P. Venkata Rao, learned Standing Counsel appearing for Respondent Nos.2 to 4 submits that the Respondent/Corporation would examine the representation and appropriate orders will be passed as expeditiously as possible. 5. Recording the submissions made by learned Standing Counsel for the Respondent Nos.2 to 4, the Writ Petition is disposed of, directing the Respondent-Authorities to consider the representation of the Petitioner, dated 25.07.2026 as expeditiously as possible, preferably, within a period of three (03) months from the date of receipt of a copy of this order. In the event, the Petitioner is held to be entitled for additional monetary benefits; the same shall be released within further period of three (03) months thereafter. There shall be no order as to costs. 6. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 10.09.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 167 WRIT PETITION No.25748 of 2026 Dated:10.09.2026 chs