B, Rayadurg Depot, Anantapur v. District

All the petitioners herein, who have suffered adverse orders in disciplinary proceedings individually, seek declaration by way of Mandamus to direct the respondents to re-fix their salaries after reinstatement pursuant to the award of the Tribunal, by extending the benefit of notional increments.

The petitioners herein are working as Conductors and Assistant Depot Clerks in the Andhra Pradesh State Road Transport Corporation. On different grounds at different times, disciplinary proceedings were initiated against them and they have suffered adverse orders in those proceedings, against which, they raised industrial disputes. In the industrial disputes, the Tribunal has passed the awards, directing reinstatement of petitioners with continuity of service. Accordingly, they were reinstated on different dates from 1991 to 1999. After waiting for a substantive period, they have filed this writ petition stating that after reinstatement, while fixing their pay, respondents have not extended the benefit of notional increments, though benefit of continuity of service is awarded by the Tribunal.

The question whether the workmen who are out of service for a certain period, are entitled for the benefit of notional increments when the benefit of continuity of service is given, is considered by the Hon’ble Supreme Court in the of APSRTC v. Abdul Kareem [1] , and J.K.Synthetics Ltd. v. K.P.Agrawal [2] .

In the aforesaid judgments, the Hon’ble Supreme Court has taken the view that unless there is a specific direction to extend the benefit of notional increments for the period for which the workmen were out of service, the workmen are not entitled for notional increments for such period, merely because the benefit of continuity of service is given. It is also to be observed that because the petitioners were out of service due to disciplinary proceedings, in case the benefit of notional increments is extended to them, it amounts to granting the premium on their misconduct. In all these cases, it is not in dispute that no specific directions were issued for grant of notional increments. In that view of the matter, I do not find any illegality in not extending the benefit of notional increments for the period for which the petitioners were out of service, while fixing their pay after reinstatement.

For the aforesaid reasons, I do not find any merit in this writ petition, which is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 25th November 2008 [1] [2] (2005) 6 SCC 36 (2007) 2 SCC 433