THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27816 OF 2014 Between:-
Abdul Rahman And …Petitioner The A.P. State Road Transport Corporation, Rep.by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27816 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel for APSRTC., appearing for the respondents.
This writ petition is filed, seeking a writ of mandamus, declaring the action of the respondents in not fixing the pay of the petitioner on par with his junior Sri Ch.Shiv Kumar and not releasing the arrears of salary and other benefits by considering his representation dated 8-11- 2013 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to fix the pay of the petitioner on par with his junior Sri Ch.Shiv Kumar duly releasing all arrears of salary including seniority, promotion and attendant benefits.
The petitioner is working as driver in the respondent corporation. It is alleged against him that on 23-6-2001, he caused accident, which resulted in minor damage to the bus which he was driving. He was directed to deposit an amount of Rs.500/- towards the damage caused to the bus and accordingly, he approached the respondent authorities to pay the amount, but the respondent authorities did not receive the said amount. It is further submitted by the petitioner that when the respondents resorted to suspend him, he filed W.P.No.14296 of 2002, and this Court by order dated 13-8-2002 suspended the suspension order passed by the respondents and the petitioner was taken to duty. It is further submitted by the petitioner that even though the petitioner was taken to duty, the respondents are not sanctioning the annual grade increments to the petitioner and that his juniors are drawing more salary than the petitioner.
Aggrieved thereby, the petitioner made a representation dated 14-12-2011, but the said representation was not considered. Again, the petitioner filed W.P.No.3377 of 2012 and the same was disposed of on 13-12-2012, directing the respondent authority to consider the representation of the petitioner and pass appropriate orders. Thereafter, the 4th respondent passed orders vide proceedings dated 28-4-2012 holding that due to pendency of writ petition No.14296 of 2002 and as the petitioner was under suspension for a period of one year two months, 20 days, his services were not regularized and therefore, there is a discrepancy in the salary.
It is further submitted by the petitioner that this Court disposed of the writ petition No.14296 of 2002 on 13-10- 2013 holding that since the suspension is revoked by the department, no cause survived for adjudication and accordingly, disposed of the writ petition. The petitioner filed the present writ petition, seeking a direction to second and 4th respondents to pass orders in accordance with the aforesaid Judgment in the above writ petition and to pay arrears of salary to him. The petitioner submitted a representation dated 8-11-2013 to the respondents for fixing his salary on par with his junior Sri Ch.Shiv Kumar and the said representation is pending with the respondents.
In the aforesaid circumstances, the respondents are directed to consider the representation of the petitioner dated 8-11-2013 in the light of the judgment passed by this Court in W.P.No.14296 of 2002 and pass appropriate orders relating to his fixation of pay on par with his juniors, within a period of two months from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 18-09-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27816 OF 2014 Date: 18-09-2014 Shr.