G.Surender, S/O Cheralu v. The Telangana State Road Transport Corporation

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.1464 of 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "to issue writ of Mandamus to declare the action of the Respondents in fixing the pay of the petitioner in the category of Shramik and not paying the salary from 2012-2014 to 17-04-2015 to the petitioner is illegal, arbitrary and contrtary to the A.P.S.R.T.C. Service Regulations, the provisions of Act, 1 of 1996 the persons with Disabilities (Equal, Opportunities, Protection of Rights and Full Partition) Act, 1995 and as well violation of Fundamental Rights guaranteed under the constitution of India and consequently direct the respondents to fix the pay in the cadre of Grade.II Driver and pay the salary from 20-12-2014 to 17-04-2015 and arrears thereof and all other attendant service benefits to the petitioner." Heard, Sri A. Jagan, learned counsel for the petitioner and learned Standing Counsel for respondents.

When the matter is called, it is represented by the learned counsel for the petitioner so also the learned Standing Counsel for respondents corporation that the issue in the present Writ Petition is squarely covered by the orders of this Court in W.P.No.36337 of 2012 and batch, dated 29-01-2016 and a copy of the same is also placed on record as material paper.

The operative portion of the said order at Paragraph No.63 of the said order reads as under: "63. The points are answered in favour of the petitioners. The Writ Petitions are allowed. The following directions are issued:

1) All the drivers who are not assigned work after they were declared as medically unfit are entitled to pay and allowances attached to the post of Driver till they were retired from service / alternative job is provided to them. They shall be paid arrears of pay and allowances with 8% interest from the due date till the date of payment. This direction is general and applicable to all Drivers. The Corporations shall undertake review of all such claims and shall ensure that no driver is denied pay and allowances on this issue. The order shall be complied within eight (8) weeks from the date of receipt of the copy of the Order.

2) Petitioners and all Drivers who are declared as unfit to drive on account of 'acquiring disability' while in service are entitled to provision of alternative job as a matter of course. The Corporations shall endeavor to provide alternative job of the same status. For any reason, alternative job of the same status is not possible and the drivers are adjusted in any other post, they shall be paid the same pay and allowances as were paid to them as Drivers including the annual increments.

3) If alternative job cannot be provided, the Drivers shall be kept in a supernumerary post until a suitable post is available or till he attains the age of superannuation whichever is earlier and shall be paid pay and allowances of the post of Drivers until they attained the age of superannuation.

4) These directions are applicable to all similarly situated drivers."

Following the above said common order and for the reasons recorded therein, this Writ Petition is also allowed, in terms of the above said common order.

Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

Office to annex copy of the common order dated 29-01-2016 in W.P.No.36337 of 2012 and batch with this order. ___________________ A.V. SESHA SAI, J March 17, 2016 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.1464 of 2016

March 17, 2016 Pn