P. Mohan Goud S/O Vital Goud, v. The Apsrtc Rep. By Its Vc And Md, Musheerabad, Hyderabad.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Between:
P.Mohan Goud and others ... Petitioners And The APSRTC rep. by its VC & MD, Hyderabad and others
...Respondents
DATE OF JUDGMENT PRONOUNCED: 21-07-2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE R. KANTHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?
Yes/No
HON'BLE SRI JUSTICE R. KANTHA RAO COMMON ORDER:
These two writ petitions are filed by the petitioners under Article 226 of the Constitution of India seeking a writ of mandamus declaring the action of the respondents in not regularising the petitioners' services as drivers after completion of 240 days from the date of initial appointment as illegal and arbitrary and to set aside the same directing the respondents to fix their pay and other service benefits including payment of arrears. 2.
Heard the leaned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents/Corporation.
3. The petitioners in both the cases were appointed as contract drivers in the second respondent's corporation. They are now working under the control of the third respondent.
According to them, they have been discharging their duties continuously from the date of their appointment till date.
4.
On the directions of the respondents 1 and 2, the third respondent furnished the particulars of the daily wages/casual employees in Nizamabad region and on the instructions of the respondents, all the daily wage and casual employees including the services of the petitioners were regularised in the year 2005.
5.
The grievance of the petitioners is that they are entitled for regularisation of their services after completion of 240 days from the date of their initial appointment. It is submitted by the petitioners that similarly situated employees have been considered by the respondents' corporation for regularisation from the year 1999, whereas the services of the petitioners were regularised with effect from the year 2005. The petitioners have been
making representations continuously to regularise their services from the year 1999 onwards, but no action has been taken by the respondents. Therefore, they filed the present writ petitions.
6. Under the aforesaid circumstances, the petitioners are directed to file fresh representation before the respondents within two weeks from the date of receipt of a copy of this order and on the petitioners' making such representation, the respondents are directed to consider and dispose of the same in accordance with law within a period of three months thereafter.
7. Both the writ petitions are disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, filed in these writ petitions shall stand closed.
_________________ R.KANTHA RAO, J Date:21.07.2015 Note:
Furnish C.C. within a week.
B/O ccm THE HON'BLE SRI JUSTICE R.KANTHA RAO
DATE:21.07.2015 ccm