M D Abdul Ali v. The Telangana State Road Transport Corporation

13257 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OFAUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI WRIT PET!TION NO: 21319 oF 2020 Between:

M.D.Abdul Ali, S/o, M.D.Yakub Ali, Aged about iC-sB6-0821, i'snrc, Mahedipatnam Bus Depot, 46 years, Ex.Driver Contract Hyderabad.

...PETITIONER AND '1. The Telangana State Road Transport Corporation' Rep' by its Managing Director, Bus Bhavan' Musheerabad' I '5'

2. The Regional Manager, TSRTC Hyderabad Region' MGBS' Hyderabad' T'S

3. The Depot Manager, TSRTC, HCU Bus Depot' Gachibowli' Hyderabad

4. The Depot Manager, TSRTC, Mehidipatnam Bus Depot' Hyderabad ...RESPONDENTS Petition under Article 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 respondents in not allowing the petitioner into duty is bad, arbitrary, illegal, unjust and discriminatory and consequently direct lhe respondents to allow the petitioner in to duty as per proceedingsNo'PA/586(199y2014-HRdl.26lTl2ol4ofthe2ndrespondent herein.

Counsel for the Petitioner: SRt P.VENKATESWAR RAO Counsel for the Respondents: SRI THOOM SRINIVAS' SC FOR TSRTC The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI WRIT PETITION 0.21319 ol 2O2O ORDER:

Petitioner is aggrieved of the action of respondents in not allowing him to duty.

2. I have heard the submissions of Sri P,Venkateshwar Rao, ;

learned counsel for the petitioner, Sri Thoom Srinivas, learned Standing Counsel for TSRTC appearing for the Respondents and perused the record.

3.

Petitioner was appointed as a Contract Driver in TSRTC in the year 2010. He absconded from duties during the period from 13.02.2Ot2 to 25.04.2012 due to ill-health. Therefore, he was terminated from service vide proceedings, dated 23.06.2012. The appeal filed by him was reJected on 07.07.2014. On his preferring review beFore the 2nd respondent, he was ordered to be reinstated as a fresh Driver on contract basis by order, dated 26.07.2OL4 and he was instructed to produce 'no due certificate' and also to pay fresh security deposit and was asked to report at HCU Bus Depot within seven days. Petitioner could not make the security deposit within the time stipulated due to his personal problems, therefore, he is not allowed to join duty. He seeks direction to the respondents to permit \ i him to join duty by accepting security deposit now. (

Js, J W.P.No.27379 of 2O2O 4.

When the matter is taken up, it is suLrmitted by the learned counsel for the petitioner that in similar matters in W.P.Nos,31126 of 2Ot2 and W.P.No.27104 of 2017, this Court directed the respondents to appoint the petitioners therein as Contract Drivers afresh subject to physical and medical tests and subject to fulfilling the eligibility criteria for such appointment.

5.

Learned Standing Counsel has no objection for disposal oF this writ petition in terms of the above orders of this Court. 6.

In view of the above submissions and for the reasons stated in the aforesaid orders relied on by the learned counsel for the petitioner, this writ petition is disposed of directing the petitioner to furnish fresh security deposit within a period of four (04) weeks from the date of receipt of a copy of this order and upon furnishing such security deposit, the respondents are directed to consider the case of the petitioner for appointment as Contract Driver afresh subject to his fulfilling the eligibility criteria for such appointment and also subject to physical test, medical test and also driving test as per rules. No costs.

,t Pending miscellaneous applications, if any, shall stand closed. i SD/. T. JAYASREE ASSrsrAryr REGISTRAR //TRUE COPY// seHPolr oFFtcER To, The Manaqing Director, Telangana State Road Transport Corporation' Bus Bhavan. Musheerabad' T.S.

2. The Regional Manager, TSRTC Hyderabad Region' MGBS' Hyderabad' T S i

3. The Depot Manager, TSRTC, HCU Bus Depot, Gachibowli' Hyderabad

The Depot Manager, TSRTC, Mehidipatnam Bus Depot, Hyderabad

5. One CC to SRt P.VENKATESWAR RAO, Advocate tOpUCl

6. One CC ro SRI THOOM SRIN|VAS, SC FOR TSRTC tOpUCl 7 - Two CD Copies l BSR SB $x

HIGH COURT DATED: 2410812023 t t t o gl AtE 11r9 $ o ( l $1ls

ORDER

( * WP.No.21319 of 2020 1.', ' ' -''1c DISPOSING OF THE WRIT PETITION, WITHOUT COSTS N-\\