The Apsrtc (Now Tsrtc) v. G. Rama Swamy

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT APPEAL NO: 273 OF 2019 writ Appeal under clause 15 of the Letters Patent preferred against the order dated 23-10-2018 passed in writ petition No.27930 of 2009 on the file of the High court. Between:

1. The APSRTC (Now TSRTC), Rep. by its Managing Director, Musheerabad, Hyderabad.

2. The Dy. Chief Traffic Manager, APSRTC (Now TSRTC) Karimnagar, Karimnagar District.

3. The Depot Manager, APSRTC (Now TSRTC), Husnabad Depot, Karimnagar District.

..,APPELLANTS/RESPONDENTS AND G. Rama Swamy, S/o. Venkataiah,E-1O2923, Conductor, aged about 62yearc' H.No. 20-21, Husnabad, Karimnagar District.

...RESPONDENTiPETITIONER l.A.NO:1 OF 2019 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dt.23.10.2018 passed in W.P.No.27930 of 2009 pending disposal of the writ appeal.

l.A.NO:1 F 2021 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the order dt. 08-04-2019 passed in W.A.No.273 of 2019. Counsel for the Appellants : SRI.A.RAVI BABU (SC FOR TSRTC) Counsel for the Respondents : SRI.P.GOVINDA RAJULU The Court made the following Judgment : '

THE CHIEF JUSTICE SATISH CHANDRA SHARMA THE HON'BLE AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY APPEAL No.273 0F 2019 JUDGMENT, rPet the Hon'ble the chief Jusnce sansh chandra sha'lna) The present writ appeal is arising out of the order dated 23.10.2018 passed by the iearned Single Judge in l w.P.No.27930 of 2009.

l The undisputed facts of the case reveal that on account of disciplinary proceedings, an order dated 30' 12 '2OOO was passed against the respondent/ employee inflicting a punishment of deferment of two annual increments with cumulative effect and also treating the period of suspension as not on duty against which an appeal was preferred and the same was dismissed' Thereafter, a writ petition was preferred and the learned Single Judge has modified the punishment order to that o1 deferment of annual increments for a period of two years without cumulative effect.

Unfortunately, during the pendency of the appeal, the sole respondent expired and at this stage, learned counsel for the appellants has fairly stated before this Court that the punishment cannot be enhanced without hearing him' ^/

\ Resultantly, the present writ appeal stands disposed of as infructuous keeping in view the death of the respondent/ employee.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs I SD/.B.SATYAVATHI DEPUTY GISTRAR ,TRUE COPY// SECTION OFFICER To one CC to SRI.A.RAVI BABU (SC FOR TSRTC){OPUC-I E.nE;6 i" 5iii.i;.eoVtrlbA nnLut-u, Advocate toPucl Two CD CoPies One sPare coPY J S.A GJP \$x

HIGH COURT DATED:1 7 10612022 1- :,i,1i . tj.

I tq oo 2[22 JlJL +.-

JUDGMENT

WA.No.273 of 2019 DISPOSING OF THE W.A AS INFRUCTUOUS WITHOUT COSTS.

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