N V S S G Krishna v. Andhra Pradesh State Road Transport Corporation

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.9167 OF 2018

O R D E R

The services of the petitioner were regularized as Conductor in the respondent - Corporation on 01.08.1993 and owing to certain irregularities, he was removed from service on 15.07.2002 and by the proceedings of the 3rd respondent - Divisional Manager, Guntur dated 09.05.2003, he was reinstated into service as conductor afresh and the intervening period from the date of removal, till he the date of reporting duty, was directed to be treated as 'not on duty'. In the present writ petition, he is challenging the said conditions of reinstatement and consequential revision of inter se seniority by adding his past service.

Learned counsel for the petitioner submits that the petitioner is only seeking clarification of the conditions imposed in the order of reinstatement as per the circulars in vogue and he is not challenging the entire order of reinstatement.

Learned Standing Counsel for the Corporation submitted that the petitioner has approached this court after a period of fifteen years from the date of reinstatement and hence the writ petition is not maintainable on the ground of delay.

Petitioner was reinstated into service in the year 2003 and he accepted the same and joined duty and now after a period of fifteen years, he approached this court. Though the counsel for the petitioner submits that the petitioner is seeking clarification of the conditions of reinstatement as per the circulars of the Corporation in vogue, in fact, as already noted above, he is challenging the reinstatement of the petitioner 'afresh' and seeking for consequential revision of inter se seniority by adding his service during the period of his removal. Having acquiesced the reinstatement order without any protest and now approaching the

court after about one and half decades, without any reasonable explanation for delay, cannot be appreciated. Hence, on the ground of latches, the present writ petition is not maintainable and the same is accordingly dismissed. Miscellaneous petitions pending, if any, shall stand closed. No costs. ---------------------------------------------- A.RAJASHEKER REDDY,J DATE:20-03-2018 AVS