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High Court for State of TelanganaWP/27193/2003dismissed

Kura Satyanarayana, v. The A.P.S.R.T.C., Rep. By Its Managing Director,

2018-09-27Abhinand Kumar Shavili3 pages

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.27193 OF 2003 ORDER:

1.

This writ petition is filed seeking to issue a writ of Mandamus directing the respondents to issue orders regularizing the services of the petitioner as cleaner under Regulation 17 of APSRTC Employees (Recruitment) 1966 with effect from 5.3.1997 in the pay scales of Rs.1405-40-1805-552355-60-2715 with usual allowances admissible from time to time in terms of the orders of this Court in W.P.No.16948 of 1989 dated 5.3.1997 and in terms of the award of the Labour Court-II, Hyderabad in I.D.No.7 of 1997, dated 11.10.1999 by paying difference of wages from that day till the date of date of implementation for ends of justice.

2.

Heard Sri A. Krishna Rao, learned Counsel for the petitioner and Sri N. Vasudeva Reddy, learned Standing Counsel for the respondent-Corporation.

3.

It is the case of the petitioner that he was appointed as cleaner on 20.8.1986 and since then, he has been discharging his duties. The services of the persons, who were appointed along with the petitioner, were regularized with effect from 5.3.1997, whereas the services of the petitioner were terminated vide proceedings dated 28.12.1996 on the ground that he was absent for duty for a period of 90 days. Challenging the same, he filed I.D.No.7 of 1997 before the

Labour Court. The Labour Court vide order dated 11.10.1999 passed orders in favour of the petitioner directing the respondent-corporation to reinstate the petitioner into service with continuity of service but without back wages. In pursuance of the orders passed by the Labour Court, the petitioner was reinstated into service with continuity of service. It is the grievance of the petitioner that his services should be regularized on par with other persons, who were recruited along with him.

4.

This Court having considered the above submissions, is of the view that this writ petition can be disposed of directing the respondents to consider the case of the petitioner for regularization in terms of Regulation 17 of the APSRTC Employees (Recruitment) 1966 and pass appropriate orders. 5.

Accordingly, the Writ Petition is disposed of directing the respondents to consider the case of the petitioner for regularization in terms of Regulation 17 of the APSRTC Employees (Recruitment) 1966 and pass appropriate orders. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:27th September, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.27193 OF 2003 27/09/2018 Nn.