Telangana High Court
WP/34516/2011 of R. Seetaiah Vs The Regional Manager, on 29 December 2011
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYNINTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 3 4 5 1 6 OF 2011 Between: R.Seetaiah … Petitioner V/s. The Regional Manager, APSRTC Secunderabad Region,
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
THURSDAY THE TWENTYNINTH DAY OF DECEMBERTWO THOUSAND AND ELEVEN
PRESENT
THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
WRIT PETITION NO. 3 4 5 1 6OF 2011
Between:
R.Seetaiah … Petitioner V/s.
The Regional Manager, APSRTCSecunderabad Region, PicketSecunderabad & Anr. … Respondents Counsel for the Petitioner : Sri Venkateswarlu Counsel for the Respondents : Sri K.Madhava Reddy SC for A.P.S.R.T.C.
The Court made the following : (Order follows next page)
WRIT PETITION NO. 3 4 5 1 6OF 2011
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O R D E R:
Heard the learned counsel for the petitioner and the learnedstanding counsel for the respondent-corporation.
2. This writ petition is filed by the petitioner seeking mandamus todeclare the inaction of respondents in not ordering re-engagement withcontinuity of service of the petitioner as a contract conductor is arbitrary,illegal and consequently to direct the respondents to treat the re-engagement of the petitioner with continuity of service and with allconsequential benefits including regularization and to pass such othersuitable orders as this court may deem fit and proper in the circumstancesof the case.
3. The case of the petitioner is that he was appointed as a contractdriver in APSRTC on 15-6-2005 at Ranigunj-II Bus Depot and since then hewas discharging the duties to the satisfaction of his superiors. While so, hewas removed from service on 05-8-2005 on the ground of absenteeismfrom 01-8-2005 onwards without intimation. It is stated that due to ill-healthand financial problems, he could not attend the duties and that there is no intention to loss the corporation. It is further stated that the petitioner cameto know that he was terminated from service w.e.f. 05-8-2005 without givingany notice to him and without following the procedure contemplated underCCA Rules. Aggrieved by the same, he preferred an appeal before theDivisional Manager, Sanathnagar Division but the same was rejected on26-6-2011. Assailing the said order, he filed a revision before the firstrespondent on 27-6-2011 and the same was partly allowed as a freshcandidate by order dated 30-6-2011. Now the grievance of the petitioner isthat while ordering re-engagement the respondents did not mention theword continuity of service and therefore his name was not considered andhe is being paid fresh salary. Hence, the writ petition.
4. The learned counsel for the petitioner submits that in similarcircumstances, this court allowed WP.No.10001 of 2011 on 15-4-2011,whereunder this Court by order dated 24-12-2010 in WP.No. 32579 of 2010allowed the writ petition with a direction to the respondents that thepetitioner shall be entitled to the benefit of continuity of service between thedate of termination and the date of re-engagement. It is made clear that thepetitioner shall not be entitled to any monetary or any other benefits inpursuance of this order.
5. I am of the considered opinion that as stated by the learnedcounsel for the petitioner, the issue that arises for consideration in this writpetition is squarely covered by the order passed in WP.No.10001 of 2011,dated 15-4-2011. Therefore, the writ petition is liable to be allowed in terms of the said order.
6. Following the same, this writ petition is allowed. There shall be no order as to costs.
-----------------------------------------JUSTICE G. CHANDRAIAH
29-12-2011I s L
WRIT PETITION NO. 34516 OF 2011
CIRCULATION NO. 29Date:29-12-2011Court Master: I s LComputer No. 43