The Vice-Chairman And Managing Director, Apsrtc (Now Tsrtc) v. M.Papaiah S/O. Gopaiah

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT APPEAL No.703 of 2017 Date:01.8.2017 Between:

The Vice-Chairman & Managing Director, APSRTC (Now TSRTC), Musheerabad and two others.

..... Appellants And:

M.Papaiah, S/o Gopaiah .....Respondent Counsel for the appellants: Mr. A.Ravi Babu Standing Counsel for TSRTC Counsel for the respondent: Mr. G.Ravi Mohan The Court made the following:

CVNR, J & GSP, J W.A.No.703 of 2017 Dated:01.8.2017 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Appeal is filed against order, dated 15.3.2016, in Writ Petition No.28000 of 2013, whereby the learned single Judge has allowed the said Writ Petition by granting the relief of Mandamus, directing the appellants to pay the salaries/wages to the respondent for the period from 04.02.2006 to 30.10.2007. At the hearing, Mr. A.Ravi Babu, the learned Standing Counsel for the Telangana State Road Transport Corporation, submitted that the Writ Petition was allowed by the learned single Judge following the common order, dated 29.01.2016, in Writ Petition No.36337 of 2012 and batch and that the said order was the subject matter of Writ Appeal No.

1120 of 2015 and batch, which was dismissed by a Division Bench of this Court, vide common judgment, dated 08.9.2016. The learned counsel further submitted that assailing the said judgment of the Division Bench, the Road Transport Corporations of both the States of Andhra Pradesh and Telangana filed a batch of Special Leave Petitions, wherein leave was granted and eventually, the batch of Civil Appeals was allowed by the Supreme Court by final order, dated 23.02.

CVNR, J & GSP, J W.A.No.703 of 2017 Dated:01.8.2017 Rights and Full Participation) Act, 1995, is available only to the persons who suffered disability within the definition of Section2(i) thereof. This submission of the learned Standing Counsel is not disputed by the learned counsel for the respondent. In the light of the above, the relief granted by the learned single Judge by the order, dated 15.3.2016, in Writ Petition No.28000 of 2013 cannot be sustained and the same is set aside. The Writ Appeal is, accordingly, allowed.

As a sequel to disposal of the Writ Appeal, WAMP.No.1384 of 2017 filed by the appellants for interim relief is disposed of as infructuous.

_____________________________ JUSTICE C.V.NAGARJUNA REDDY ________________________ JUSTICE G.SHYAM PRASAD 01st August 2017 DR