N RAJA REDDY Vs. VICE CHAIRMAN AND M D ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION HYD

JUDGEMENT

(1.) As in both the cases common question of law is involved since both the writ petitioners are disposed by a common order.

(2.) The Petitioners are challenging the circular issued by the APSRTC (for short Corporation) issuing No. LCI /402(16)/ dated 6-1-1990 including the deductions of notional increment already awarded to the petitioners and for consequential fixation of pay taking into account the lost notional increment and for releasing the physical monetary benefits from the date of award became enforceable.

(3.) For proper appreciation of the facts, I will narrate the facts submitted in WP No. 11182/92. The petitioner was working as a conductor in the Corporation at Sircilla Depot and subsequently his services were terminated. Aggrieved by the said termination order the petitioner raised an Industrial Dispute and the same was referred by the Government for adjudication in the following terms: 1. Whether the Depot' Manager, Karimnagar is justified in removing Sri N.Raja Reddy, Ex-Conductor from service? 2. If not, to what relief he is entitled?The tribunal passed an award in JD No.322/ 86 on 6-11-1987 directing the Respondent to reinstate the workman with continuity of service, but without back wages. In pursuance of the said directions, the petitioner was admitted into duty on 11-7-1988. Subsequently he was promoted as A.D.C. The petitioner submits that his pay was also fixed taking into account the notional increments, as he was directed to be reinstated into service. By the impugned circular dated 6-1-1990 instructions were issued that if notional increments were already released to the petitioner, the same are sought to be recovered as his pay is sought to be fixed in accordance with the said circularwhich has the effect of reducing the basic pay and also the allowances and other benefits. Therefore, the petitioner impugnes the Circular dated 6-1-1990.