K.S. Rao v. The Telangana State Road Transport Corporation,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.12760 OF 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for 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 respondents in not paying the salary for the period from the date of declaring the petitioner for unfit to the post of A1-Driver and to the date of providing alternative employment on medical grounds (i.e. 31.08.2006 to 10.07.2007) and not allowing the seniority and pay scale of the driver post in the present post is bad, arbitrary, illegal, unjust and contrary to the judgments of this Court by setting aside the condition No.1 & 2 only mentioned in office order dated 10.07.2007 and consequently direct the respondents to pay salary for the above said interregnum period by protecting the pay scale and seniority in the post of driver (for promotion and 20 years Spl. Grade) to the petitioner herein and pass such other order or orders which this Court deems fit and proper."

2. When the matter is called, it is represented by the learned counsel for the petitioner that the issue in the present Writ Petition is squarely covered by the orders of this Court in W.P.No.36337 of 2012 and batch, dated 29.01.2016. The operative portion of the said order at Paragraph No.63 of the said order reads as under:

"63. The points are answered in favour of the petitioners. The Writ Petitions are allowed. The following directions are issued:

1) All the drivers who are not assigned work after they were declared as medically unfit are entitled to pay and allowances attached to the post of Driver till they were retired from service / alternative job is provided to them. They shall be paid arrears of pay and allowances with 8% interest from the due date till the date of payment. This direction is general and applicable to all Drivers. The Corporations shall undertake review of all such claims and shall ensure that no driver is denied pay and allowances on this issue. The order shall be complied within eight (8) weeks from the date of receipt of the copy of the Order.

2) Petitioners and all Drivers who are declared as unfit to drive on account of 'acquiring disability' while in service are entitled to provision of alternative job as a matter of course. The Corporations shall endeavor to provide alternative job of the same status. For any reason, alternative job of the same status is not possible and the drivers are adjusted in any other post, they shall be paid the same pay and allowances as were paid to them as Drivers including the annual increments.

3) If alternative job cannot be provided, the Drivers shall be kept in a supernumerary post until a suitable post is available or till he attains the age of superannuation whichever is earlier and shall be paid pay and allowances of the post of Drivers until they attained the age of superannuation.

4) These directions are applicable to all similarly situated drivers."

3. Following the above said common order and for the reasons recorded therein, this Writ Petition is also allowed, in terms of the above said common order.

4. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs. __________________ A.V.SESHA SAI, J 26.04.2016 SS Note: Copy of the order in W.P.No.36337 of 2012 and batch, dated 29.01.2016, shall be annexed.

B/o. SS