V. Sriramamurthy v. Andhra Pradesh State Road Transport Corporation,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25466 OF 2017 ORDER :

This writ petition is filed seeking writ of mandamus declaring the inaction of the respondents 2 and 3 in considering the mercy appeal filed by the petitioner dated 18.12.2016 for seniority as illegal and arbitrary. Heard learned counsel for the petitioner and Sri A.Rama Rao, learned Standing Counsel for the respondent Corporation.

It is the case of the petitioner that his services were regularized on 15.02.1989 and he filed an appeal to the 2nd respondent on 18.12.2016 to consider and treat his appointment date as 01.11.1986 on par with other drivers who undergone training along with him. It is stated that the said appeal was forwarded to the 3rd respondent for consideration, but till date, no orders are passed on the same. Aggrieved by the same, present writ petition is filed.

Admittedly, petitioner's services were regularized on 15.02.1989 and he preferred appeal on 18.12.2016 to consider his date of appointment as 01.11.1986. It is not known why the petitioner has kept quite all these years. Now, at this juncture, if a direction issued to the respondents to consider the case of the petitioner, it may unsettle the settled things

and disturb the seniority of other persons, creating further litigation. More over, the petitioner has not explained the abnormal delay of 28 years in making said appeal. In view of the same, I do not see any reason to entertain the writ petition and same is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 01-08-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25466 OF 2017 Date: 01.08.2017 kvs