Telangana High Court
WP/28961/2008 of Ch.Mogili Vs The Regional Manager on 31 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 28961 of 2008 Between: Ch.Mogili S/o.Lingaiah (E-850651) APSRTC Adilabad Region .....
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 28961 of 2008
Between:
Ch.Mogili S/o.Lingaiah (E-850651) APSRTC Adilabad Region
AND
..... PETITIONER
The Regional Manager A.P.S.R.T.C Adilabad Region AdilabadDistrict A.P
.....RESPONDENT
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ or order or direction more particularlyone in the nature of writ of Mandamus declaring that the action of therespondent in deleting the petitioner's name from theapproved/Selected list of Drivers of APSRTC Adilabad Region in badarbitrary illegal unjust and violative of principles of natural justice bysetting aside order proceedings No.E/255(14) 2003 RM: ADB dt 09-02-2006 of the respondent and consequently direct the respondents torestore the name of the petitioner in the approved Selected list ofDrivers by protecting the past service in APSRTC Adilabad Region byengaging petitioner to duties and pass Counsel for the Petitioner:MR.P.VENKATESWAR RAO
Counsel for the Respondent No.: SMT.P.RAJANI REDDY
The Court made the following :
Form-NIC-OGS/WP{BMR}
O R D E R:-
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This writ petition is filed seeking a mandamus to declare theaction of the respondent in deleting the petitioner’s name from theapproved/selected list of Drivers of A.P.S.R.T.C., Adilabad Region asarbitrary and illegal and to set aside the Proceedings dated 9.2.2006issued by the respondent and consequently to direct the respondent torestore the petitioner’s name in the approved/selected list of Drivers byprotecting the past service in APSRTC, Adilabad Region by engaginghim to duties.
Heard the learned counsel for both the parties and perused thematerial placed on record.
This Court, on 29.6.2006, in similar case in W.P.No.13065 of2006, while allowing the writ petition held as follows:
Having regard to the facts and circumstance of the case, the writpetition is allowed and the impugned order is hereby set aside. The name of the petitioner shall be continued in the panel ofselect conductors and the entrustment of the duties to thepetitioner shall depend upon the availability of work on theconcerned day. However, if the transfer becomes inevitable, thepetitioner shall be given the option, to choose the places of herchoice within the region.”
Inasmuch as the subject matter of the present writ petition issquarely covered by the orders passed in W.P.No.13065 of 2006,following the said order and for the reasons mentioned therein, this writ petition is also allowed in terms thereof. No costs.
______________
N.V.RAMANA, J31[st] December, 2008
bcj
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