Telangana High Court
WP/23246/2004 of ANDHRA PRADESH STATE ROAD TRANSPORT CORP W.G.DIST.ANDANOTHER Vs A.P. STATE ROAD TRANSPORT COPPORATION HYDERABAD AND 3 OTHERS on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23246 of 2004 Between: 1. Andhra pradesh State Road Transport corporation Employes Union,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23246 of 2004
Between:
1. Andhra pradesh State Road Transport corporation Employes Union, Regd. No.215/1952,Represented by its Organizing Secretary, Kovvur Depot Union K.Jawahardas,S/o. Swaminadham, aged 40 years,Conductor, Staff No.501306, R/o. H.No.4-1-2, Ubavari Street,Kovvur, West Godavari District-534 350.
2. M.Padmanabha Rao, S/o. M.Parameshwar Rao, Aged 49 years, conductor, Staff No.81824, R/o. H.No.4-1-2, Ubavari Street, Kovvur, West Godavari District-534 350.
AND
..... PETITIONERS
1. Andhra Pradesh State Road Transport Corporation Represented by its vice Chairman & Managing Director, Musheerabad, Hyderabad.
2. The Regional Manager,
Andhra pradesh State Road Transport Corporation, West Godavari Region, Eluru, West godavari District.
3. The Divisional Manager,
Andhra Pradesh State Road Transport Corporation, Tanuku Division, Tanuku, West Godavari District.
4. The Depot Manager,
Andhra Pradesh State Road Transport corporation, Kovvur Depot, Kovvur, West Godavari District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue an order, direction or writ more particularly one in the nature of Writ ofMandamus or any other appropriate writ declaring (i) the notice dated 7-12-2004 allocating the fixed duty chart for Drivers and Conductors, Kovvur Depotwith effect from 15-12-2004 is in contravention to the circular instructions No.T3/287 (10)/96-OPD-T, Dated 3-9-2001; (ii) declare the action of the respondents in not fixingthe duties to the senior/selected Conductors on the principle of seniority-cum-option basis is illegal and arbitrary; and consequently direct the respondents toallocate the fixed duty chart to senior/selected grade Conductors and otherConductors on the principle of Seniority-cum-option basis and pass such otherorder or orders as this Hon’ble court may deem fit and proper in the interest ofjustice.
Counsel for the Petitioner: MR.G.VIDYASAGARCounsel for the Respondents: MR.R.MANMADHA REDDY (SC FORAPSRTC)
The Court at the admission stage, made the following :
THE HON'BLE MR JUSTICE K.C.BHANU
WRIT PETITION NO: 23246 of 2004
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ORDER:
Heard the learned counsel for the petitioners and the learned standingcounsel for the respondents.
2. The only grievance of the petitioners is that the respondents have notbeen following the Circular instructions No.T3/287 (10)/96-OPD-T, dated 03-09-2001 in allocating the fixed duty chart for Drivers and Conductors, KovvurDepot.
3. The learned standing counsel for the respondents, on instructions,contended that the respondents have been following the Circular instructionsdated 03-09-2001 and in accordance with the same, the impugned notice dated 07-12-2004 was issued by the 4[th] respondent.
4. Recording the same, the writ petition is disposed of. There shall be noorder as to costs.
Kvr
___________________ December27, 2004
1. Andhra Pradesh State Road Transport Corporation Represented by its vice Chairman & Managing Director,Musheerabad, Hyderabad.
2. The Regional Manager,
Andhra pradesh State Road Transport Corporation, West Godavari Region, Eluru, West godavari District.
3. The Divisional Manager,
Andhra Pradesh State Road Transport Corporation, Tanuku Division, Tanuku, West Godavari District.
4. The Depot Manager,
Andhra Pradesh State Road Transport corporation, Kovvur Depot, Kovvur, West Godavari District.
5. Two C.D. Copies.