V RAMACHANDER Vs. REGIONAL MANAGER APSRTC NIZAMABAD

JUDGEMENT

(1.) This writ petition is filed to issue a writ of mandamus declaring the pay fixation made by the respondents without adding national increments for removal period i.e., 28-9-1970 to 30-4-1994 as illegal and contrary to the purport of the award made in ID No.301/92 dated 15-1-1994 and to direct the respondents to refix the petitioner's pay by adding the notional increments for the removal period along with the consequential benefits flowing out of such fixation.

(2.) The petitioner was appointed in APSRTC as Conductor on 17-4-1971 and he was removed from service on 28-9-1972 while working at Nizamabad on the allegation that he had involved in cash and ticket irregularities case. The petitioner approached the Labour Court by raising a dispute in ID No. 110/89 (old) which was renumbered as ID No.301/92 and the Labour Court by award dated 15-1-1994 directed the respondents to reinstate him into service without break in service but without back wages. The respondents shall also stop one annual increment without cumulative effect from the date of his reinstatement. The said award was published on 26-2-1994 and the petitioner was reinstated into service by order dated 31-3-1994 and the petitioner reported for the duty on 30-4-1994. Thus, the award of the Labour Court, Hyderabad, in ID No.301/92 has become final and enforceable as the respondents have not challenged the same.

(3.) The petitioner submits that he was reinstated into service subject to the result of the writ petition to be filed by the Corporation in the High Court against the award and on his reinstatement he was paid with minimum Conductor scale of Rs.1,035/-. The petitioner requested the Depot Manager, Kamareddy, for revision of pay fixation, but his request was not considered on the ground that personal file and service records were not received from the legal department and in the meanwhile he was promoted as Assistant Depot Clerk basing on the continuity of service granted by the Labour Court. But till November, 1997, he was paid minimum Conductor scale of Rs.2,340/- and from the month of December, 1997, he was given basic pay of Rs.3,494/-, but no details were furnished to him and the respondents have not communicated any pay fixation order. The petitioner further submits that he had made representations on 21-1-1998 and 19-10-1999 and as the respondents have not considered his request, he was compelled to file writ petition on 6-12-1999.