H. Mahesh v. Telangana State Road Transport Corporation,

IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 2877 OF 2017 Between:

H. Mahesh S/o Vasudeva Rao ....Petitioner A n d Telangana State Road Transport Corporation represented by its Managing Director and one another ....Respondents DATE OF ORDER: 30.01.2017

PNR,J W.P.NO. 2877 OF 2017 HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 2877 OF 2017 ORDER:

Petitioner claims that in May 2016 he fell sick and was under treatment from 3.5.2016 to 26.5.2016 in APSRTC Dispensary Mahaboobnagar. After recouping from the sickness, petitioner reported to duty on 27.5.2016. Petitioner requested to treat the period of absence on medical grounds and to grant half-pay leave. 2.

According to the learned counsel for the petitioner, no orders are passed on the request made by the petitioner and on the contrary deducted full salary for the entire period. Aggrieved by the same, the petitioner made representation dated 10.7.2016 but so far no orders are passed. According to the learned counsel for the petitioner, petitioner has sufficient leave to his credit and as requested by the petitioner half-pay leave ought to have been granted and the action of the respondents amounts to arbitrary exercise of power. 3.

Petitioner also enclosed the medical record in support of his claim that the competent authority has given the certificate of sickness as well as fitness certificate after the treatment was over. 4.

Having regard to the fact that the medical authority has issued sick certificate disclosing the sickness of the petitioner and subsequently, on further assessment, gave fitness certificate, these certificates ought to have been considered by the competent authority

PNR,J W.P.NO. 2877 OF 2017 more particularly, when petitioner made a specific request as early as on 10.7.2016.

5.

Since the request made by petitioner is pending consideration before the Depot Manager (2nd respondent), this Writ Petition is disposed of directing the Depot Manager (2nd respondent) to consider the representation of the petitioner dated 10.7.2016 duly taking note of the certificates issued by the Medical Officer of APSRTC disclosing sickness and fitness of the petitioner and pass appropriate orders, as expeditiously as possible, preferably within a period of four weeks. If the petitioner is entitled for treating of the period of absence on medical grounds as on half-pay leave, the same shall be granted without further delay. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

______________________ P. NAVEEN RAO, J Date: 30.01.2017 KA