IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THIS THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.36131 of 2014 Between:
B.Laxmaiah . PETITIONER And The APSRTC rep. by its VC & MD, Hyderabad and three others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.36131 of 2014 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus by declaring the action of the respondents in not continuing the petitioner as conductor in 4th respondent Depot, as illegal, arbitrary, unjust and consequently to direct the respondents to continue his services by reinstating him into service as conductor.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents/APSRTC.
3. The petitioner was appointed as contract conductor subsequent to the notification issued by the third respondent in Medak Region on 09.01.2008. He was posted to third respondent Depot. Subsequently, the petitioner was transferred from third respondent Depot to 4th respondent Depot by order dated 26.09.2009.
4. The version of the petitioner is that for the reasons best known to the respondents, he was not entrusted with any duties and was kept idle. He submits that he made a representation to the second respondent for considering his case for entrusting duties and so far, no action has been taken on the representation.
5. On the other hand, the learned Standing Counsel appearing for the respondents-Corporation would submit that after the transfer of the petitioner, he absented for duties and after a long gap, he came forward with the theory that he was not entrusted with any duties and was kept idle.
6. Considering the submissions made on either side, the writ petition is disposed of directing the second respondent to consider the representation made by the petitioner whereunder he sought for entrustment of duties and pass appropriate orders thereon within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 17.12.2014 Note:
Furnish C.C. within a week.
B/O Ccm THE HON’BLE MR JUSTICE R. KANTHA RAO WRIT PETITION No.36131 of 2014 Date:17.12.2014