IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THIS THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31006 of 2014 Between: Md.Thajuddin . PETITIONER And The APSRTC, rep.by its Managing Director, Musheerabad, Hyderabad and 2 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31006 of 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, declaring the action of the respondents in not paying the salary from 02.05.2011 to 08.11.2011 and fixing the pay of the petitioner in the post of Shramik as illegal, arbitrary and contrary to the provisions of the APSRTC Service Regulations and Act 1/1996 the persons with Disabilities (Equal, Opportunities, Protection of Rights and Full Partition) Act, 1995 and consequently direct the respondents to pay the salary from 02.05.2011 to 08.11.2011 and to fix the pay in the cadre of Grade-I Driver and pay the arrears of salary and all other attendant benefits to the petitioner.
It is agreed by both the learned counsel appearing for the parties that the issue raised in this writ petition is squarely covered by Judgment dated 08.07.2014 passed by this Court in W.P.No.15520 of 2014.
Matter involving identical facts fell for consideration before this Court in W.P.No.22269/2012 and the learned single Judge of this Court in the said writ petition took the view that denying the salary of the petitioner therein and attendant benefits for the period that he was kept out of service and adjusting his leave in this regard cannot be countenanced. The petitioner therein therefore was treated as ‘on duty’ for the period mentioned therein for all purposes and a direction was issued to pay full salary and attendant benefits for the said period. The leave of the petitioner therein which was adjusted by the corporation was directed to be credited to his leave account. Aggrieved by the same, the Corporation moved appeal in WA.No.739/2013 and the same was dismissed confirming the order of the learned single Judge.
Following the said judgment, this Court allowed WP.No.15520/2014 vide orders dated 08.07.2014.
In view of the above, the period during which the petitioner was kept out of service due to his disability has to be treated as the period ‘on duty’ and he is entitled for the relief as prayed for. The respondents are directed to pay salary to the petitioner for the period from 02.05.2011 to 08.11.2011 and fix his scale of pay in the cadre of driver, within a period of 6 (six) weeks from the date of receipt of a copy of this order.
The Writ Petition is accordingly allowed in terms of the judgment in WP.No.22269/2012.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 16.10.2014 Dsr