Telangana High Court
WP/15191/2003 of T.Laxmipathi, Vs APSRTC , Reptd. by its Regional Manager, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI JUSTICE B.PRAKASH RAO WRIT PETITION NO : 15191 of 2003 Between: T.Laxmipathi, S/o. late Bhoomaiah, Occ. Conductor, E.No. 303873
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 15191 of 2003
Between:
T.Laxmipathi, S/o. late Bhoomaiah, Occ. Conductor, E.No. 303873 R/o. 6-6-41,Hamaliwadi Nizamabad.
..... PETITIONER
AND
1 APSRTC , Reptd. by its Regional Manager, Nizamabad Region, Nizamabad.2 APSRTC, Reptd. by its Depot Manager, Bus Depot, Banswada, DistrictNizamabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate writ or direction particularly one in the nature of WRIT OFMANDAMUS declaring the impugned proceedings No.E2/255/(1)/02-RM-NZB,dated 30.6.2003 in regularizing the petitioners service only with effect from01.01.2003 instead of regularizing his service with effect from 1.7.1988 on par withhis colleagues C.V.Chary E.No. 303877, S.Anand E.No. 303899, MuraliE.No.301673 and Baswant E.No. 301837 etc as arbitrary, unjust and in violation ofArt.14, 16, & 21 of the Constitution of India and contrary to the purpose of award inI.D.No.5/01 and consequently direct the respondents corporation to regularize hisservice with effect from 1.7.1988 along with all consequential benefits Counsel for the Petitioner: MR.V.NARASIMHA GOUD
Counsel for the Respondents: MR.V.T.M.PRASAD (S.C.FOR APSRTC)
The Court made the following :
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ORDER:
This writ petition is filed by the petitioner challenging the impugned proceedingsNo.E2/255/(1)/02-RM-NZB, dated 30.6.2003 in regularizing the petitioners serviceonly with effect from 01.01.2003 instead of regularizing his service with effect from1.7.1988 on par with his colleagues C.V.Chary E.No. 303877, S.Anand E.No.303899, Murali E.No.301673 and Baswant E.No. 301837 etc as arbitrary andcontrary to the purpose of award in I.D.No.5/01 and for consequential direction to therespondents Corporation to regularize the services of the petitioner with effect from1.7.1988 along with all consequential benefits.
Heard both sides. At their request, the main writ petition itself is taken up fordisposal.
It is now represented by the Counsel on either side that having regard to the fact thatsimilarly placed employees were already given the benefit as per the orders of thisCourt dated 21[st] November 2002 made in Writ Petition No. 12297 of 2000 and thesame has been confirmed by the Division Bench of this Court by its judgment dated30[th] October 2003 in Writ Appeal No. 1714 of 2003, the same can be extended tothe petitioner herein also.
Following the above judgment, this writ petition is accordingly allowed as prayed for.
Dt.28/12/2004
__________________
Justice B. Prakash Rao
Kvrk
That Rule Nisi has been made absolute as above; Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on this Tuesday, theTwenty Eighth Day of December Two Thousand and Four Special Officer.
To
1 The Regional Manager, APSRTC, Nizamabad Region, Nizamabad.
2 The Depot Manager, APSRTC, Bus Depot, Banswada, District Nizamabad.Nizamabad.
3. Two CD copies.