T.N. Prasad v. The Apsrtc

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.4716 OF 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "It is therefore prayed that this Honourable Court may be pleased to call for the records from the respondents herein and issue writ order or direction particularly one in the nature of writ of MANDAMUS declaring the inaction of the respondents herein proceedings No.E6/255(5)/07-RM-RJY in not regularizing my services on par with petitioner colleagues services have been regularized in terms of proceedings dated 18.10.2007 with effect from 05.10.2007 and petitioner name was placed at serial No. 58 as arbitrary, illegal unjustified, and also in violation of Article 14 & 21 of Constitution of India consequently direct the respondents herein to regularize petitioner services with effect from 05.10.2007 on par with petitioner colleagues with all consequential benefits and pass such other order or orders as this Hon'ble court may deem think fit and proper in the circumstances of case and in the interest of Justice."

2. Heard Sri P. Sridhar Rao, learned counsel for the petitioner, and Sri S.V. Ramana, learned Standing Counsel for the respondent - Corporation.

3. According to the petitioner, he was appointed in the

respondent - Corporation through regularly constituted selection committee in the year 1990 and the 2nd respondent - Regional Manager, APSRTC, issued proceedings No.E6/255(5)/07-RM:RJY, dated 18.10.2007, regularising his services along with 68 other employees and his name was shown at Sl.No.58.

4. It is submitted by the learned counsel for petitioner that as per order, dated 18.10.2007, services of the petitioner have not been regularised so far because of the pendency of certain departmental proceedings against him. It is further submitted that in view of the orders passed in W.P.No.1998 of 2008, dated 28.07.2015, the said proceedings attained finality and as on date, there are no proceedings pending against the petitioner herein. In the above background, the petitioner submitted a representation to the respondents and the same was received, as evident from the acknowledgements filed along with the Writ Petition, on 10.08.2015. It is further submitted that the same may be directed to be disposed of by the respondents herein by duly taking into consideration the orders of this Court referred to supra.

5. For the aforesaid reasons and having regard to the nature of controversy, the Writ Petition stands disposed of, directing the respondents herein to take

appropriate action on the representation received by them on 10.08.2015, wherein the petitioner sought for regularisation of his services, as per law and by duly taking into consideration the orders of this Court in W.P.No.1998 of 2008, dated 28.07.2015, within a period of six weeks from the date of receipt of a copy of this order.

6. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. No costs.

_________________ A.V. SESHA SAI, J February 15, 2016 Note: Issue C.C. in one week.

B/o.MD THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.4716 OF 2016 February 15, 2016 MD