M. Venkatesh v. The Telangana State Road Transport
[ 33041
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 3'1514 OF 2017 Between:
M. Venkatesh, S/o. Muthaiah, Aged about 36 years, Driver (E.215405), Telangana State Road Transport Corporation, Dilsukhnagar Bus Depot, Hyderabad, Telangana State.
...PETITIONER AND 1 . The Telangana State Road Transport, Corporation, Represented by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad, Telangana State.
2. The Divisional Manager, Telangana State Road Transport Corporation, Hyderabad Division, MGBS, Gowliguda, Hyderabad, Telangana State.
3. The Depot Manager, Telangana State Road Transport Corporation, Dilsukhnagar Bus Depot, Hyderabad, Telangana State ...RESPONDENTS Petition under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 3rd respondent herein in imposing the punishment of deferment of the petitioner annual increment for a period of 2 years with cumulative effect is bad arbitrary illegal by setting aside the Final Order No. P2|1(07)I2O13-DSNR dt. 26-04-2016 of the 3rd respondent herein and consequential Proc. dt. 22-07 -2016 of the 2nd respondent herein and direct the respondents not to effect the said punishment and pass such other order or orders which this court deems fit and proper.
l.A. NO: 1 OF 2017(WPMP. NO: 39240 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Final Ord,ar No. P2l1 (07)12013-DSNR dt. 26-04-2016 of the 3rd respondent herein by directing not to effect the said punishment mentioned in the said final order, pending disposal of the writ petition. Counsel for the Petitioner: SRI P.VENKATESWAR RAO Counsel for the Respondents: SRI R.ANURAG, SC FOR TSRTC The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO DATE: O8.01.2O26 WRIT PETITION No.3:!.514 OF 2O17 Between:
M.Venkatesh
...Petitioner
AND The Telangana State Road Transport Corporation Rep.by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad, Telangana and two others
...Respondents
ORDER
The present writ petition is filed seeking the following relief: "...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 3'd respondent herein in imposing the punishment of deferment of the petitioner annual increment for a period of 2 years with cumulative effect is bad arbitrary illegal by setting aside the Final Order No.P2/1(07)/2013-DSNR dt. 26.04.2016 of the 3'd respondent herein and consequential Prbc. dt.22.O7.2016 of the 2nd respondent herein and direct the respondents not to effect the said punishment and pass..."
tI il 2.
When the matter is taken up for hearing, Sri P. Venkateshwar Rao, learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order passed by this Court in W.P.No.15059 of 2008 dated 30.L2.2O22. The operative portion of which reads as under:
r-) "Taking into consideration the facts and circumstances of the case and also the length of services rendered by the petitioner, this Court deems it fit and proper to modify the quantum of punishment of stoppage of annual grade increment without cumulative effect for a period of two years. However, it is made clear that this modification of punishment shall have prospective effect only from the date of passing of this order and the petitioner shail not be entitled to claim the monetary benefits for the period prior to passing of this order."
3.
Thr: said submission is not disputed by the learned Standing i Counsel appearing for the respondents-TcsRTC. 4.
In yiew of the submission made by both the counsel, this Writ Petition is partly allowed in terms of the order dated 30.L2.2022 passed b'7 this Court in W.P.No.15059 of 2008. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
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]'hat Rule Nisi has made Absolute as above witness The Hon'ble SRI APARESH KUMAR SINGH, The Chief Justice on this Thursday, the Eighth Day of January, Two Thousand and Twenty Six. \I SD/-S. MALLIKARJUNA RAO ISTANT REGISTRAR ,,TRUE COPY/'
SECTION OFFICER To,
1. The Managing Director, Telangana State Road Transport Corporation, Bus Bhavan, Musheerabad, Hyderabad, Telangana State.
2. The Divisional Manager, Telangana State Road Transport Corporation, Hyderab.ad Division, MGBS, Gowliguda, Hyderabad, Telangana State.
3. The Depot Manager, Telangana State Road Transport Corporation, Dilsukhnagar Bus Depot, Hyderabad, Telangana State
4. One CC to SRI P.VENKATESWAR RAO, Advocate IOPUCI
5. One CC to SRI R.ANURAG, SC FOR TSRTC IOPUCI
6. Two CD Copies BSR BS HT - -.!-i-<_+?+
,,'
\ \ HIGH COURT \ DATED: 08/0112026 TtIE S
ORDER
WP.No.3151 4 of 2017 1 2 ttAR 7rl7F C) * t rc, i PARTLY ALLOWING THE WRIT PETITION, WITHOUT COSTS ;
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