M. Kondal Reddy v. Apsrtc., Rep By Managing Director, Musheerabad, And 2 Others

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2813 of 2008 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

2.

It is the case of the petitioner that he served in Indian Army from 09.02.1978 to 30.11.1995 as Driver Class-I. After relieving from Army, he was enrolled in Zilla Sainik Board, Nalgonda, and his name was sponsored to the second respondent for appointment to the post of Driver. When notification for the post of Driver Grade-II was published in Nalgonda Region, he was selected and engaged initially in the year 1996 and discontinued thereafter. Again he was re-engaged on daily wage basis for temporary utilization, by proceedings, dated 21.10.1997. Again he was re-engaged and orders were issued on 24.11.1997. Like that another office order was also issued on 22.08.1998. All these orders clearly show that the petitioner was engaged whenever there was work. However, he was appointed as temporary Driver Grade-II under Regulation 17 of the A.P.

S.R.T.C. Employees (Rectt) Regulations, 1966 w.e.f. 01.01.1999 in the time scale fixed. He continued in service and ultimately, retired from service. Now, the Writ Petition is filed seeking computing of service from March, 1997 instead of 01.01.1999. 3.

As could be seen from the earlier narration of events, the petitioner was engaged on daily wage basis whenever there was work. This Court called for original record from the Corporation and noticed that slack season was continuing at the relevant point of time and Drivers were being engaged periodically on daily wage basis, depending upon the need of work and there were no regular

ARLR,J wp_2813_2008 appointments. The Corporation felt that regular appointment can be made depending on the work and accordingly, appointed the petitioner on 01.01.1999.

4.

In view of nature of employment of the petitioner prior to 01.01.1999, the relief sought for by the petitioner cannot be granted. 5.

Accordingly, the Writ Petition is dismissed. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

________________________________ A.RAMALINGESWARA RAO, J DECEMBER 05, 2017 YVL

ARLR,J wp_2813_2008 THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2813 of 2008 Date: 05.12.2017 YVL