HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 12301 OF 2014 AND WRIT PETITION NO. 12554 OF 2014 WRIT PETITION NO. 12301 OF 2014
Between:
M.Thirupathamma
…Petitioner
And
The Vice-Chairman & M.D., APSRTC, Hyderabad and another
WRIT PETITION NO. 12554 OF 2014
Between:
G.K.Goud
…Petitioner
And
The Vice-Chairman & M.D., APSRTC, Hyderabad and another
HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 12301 OF 2014 AND WRIT PETITION NO. 12554 OF 2014 COMMON ORDER:
W.P.No.12301 of 2014: This writ petition is filed seeking issuance of writ of mandamus declaring that the action of the respondents in terminating the petitio9ner as contract conductor is bad, arbitrary, illegal, unjust, unreasonable, disproportionate, principles of natural justice and against the circulars of Corporation by setting aside the termination order dated 16.12.2008 passed by the 2nd respondent and to direct the respondents to reinstate the petitioner into service with continuity of service with all consequential service benefits such as regularization.
W.P.No.12554 of 2014: This writ petition is filed seeking issuance of writ of mandamus declaring that the action of the respondents in terminating the petitio9ner as contract conductor is bad, arbitrary, illegal, unjust, unreasonable, disproportionate, principles of natural justice and against the circulars of Corporation by setting aside the termination order dated 21.11.2007 passed by the 2nd respondent and to direct the respondents to reinstate the petitioner into service with continuity of service with all consequential service benefits such as regularization.
Heard the learned counsel appearing for the petitioners.
The petitioners are contract conductors in the respondents’ Corporation. According to them, their services were terminated without conducting any enquiry on the ground of absenteeism.
Similar issue fell for consideration in W.P.No.9246 of 2014 wherein the termination orders were set aside on the ground that they were issued without initiating any enquiry.
The question involved in the present writ petitions is squarely covered by the judgment dated 27.03.2014 in W.P.No.9246 of 2014.
Therefore, the termination orders passed against the petitioners on 16.12.2008 and 21.11.2007 are hereby set aside. There shall be a direction to the respondents’ Corporation to re-instate the petitioners into service, however, without back wages and continuity of service. The respondents’ Corporation, however, is at liberty to conduct enquiry into the absenteeism of the petitioners, if it so desires.
Both the writ petitions are accordingly disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
R.KANTHA RAO, J Date:01.07.2014 Ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 12301 OF 2014 AND WRIT PETITION NO. 12554 OF 2014 Date:01-07-2014