M.Bhaskar v. The Tsrtc

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.15644 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ..... to issue a Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not considering the Petitioner Mercy Petition dated 2.5.2019 for appointment to the post of conductor as illegal, arbitrary, violation of principles of natural justice and consequently direct the 2nd respondent to consider petitioner Mercy Petition dated 2.5.2019 for appointment to the post of conductor in the existing vacancies with all consequential benefits ......" . Heard Mr.K.Venkateshwarlu, the learned counsel for petitioner and Sri B.Mayur Reddy, the learned Standing Counsel for respondents.

It has been contended by the petitioner that he was appointed as a conductor during January 1992 and while he was discharging his duties during May, 2006, disciplinary action was initiated against him. After conducting regular enquiry, the disciplinary authority has imposed punishment of removal vide proceedings dated 07.11.2006. Aggrieved by the same, the petitioner has unsuccessfully preferred appeal and revision before the authorities. Later on, the petitioner has filed mercy petition on 02.05.2019.

Learned counsel for the petitioner submits that so far the respondents have not passed any orders on the mercy petition filed on 02.05.2019 nor considered the case of the petitioner for

reinstatement. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the mercy petition dated 02.05.2019 and pass appropriate orders in accordance with law.

Learned Standing Counsel appearing for the respondents has contended that the case of the petitioner will be considered and appropriate orders would be passed on the mercy petition submitted by the petitioner in accordance with law. This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to consider the mercy petition submitted by the petitioner on 02.05.2019 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 25-07-2019 Prv