A.P. Scheduled Castes Cooperative Finance Corpn. Ltd., v. C.Srinivas Rao
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL No.512 OF 2010 JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present writ appeal is arising out of the order dated 29.04.2010 passed by the learned Single Judge in W.P.No.27016 of 2008.
The undisputed facts of the case reveal that the respondent No.1/employee, who belongs to Scheduled Caste, was appointed as an Attender on 20.12.1991 in the services of the Superintending Engineer, Social Welfare, A.P.S.C.C.F.C Limited and thereafter, he was sent on deputation to A.P. Scheduled Castes Cooperative Finance Corporation Limited/respondent No.1 in the writ petition. The facts further reveal that a request was made by the respondent No.1/employee for repatriation and instead of repatriating him, the respondent No.1 in the writ petition appointed him as a Driver by transfer on promotion, vide proceedings dated 30.12.1993. The respondent No.1/employee, after serving for almost 14 years, came up before this Court being aggrieved by an order dated 24.11.2008 by which he was reverted and repatriated to the parent Department and in those circumstances, the order dated 24.11.2008 was set aside by the
learned Single Judge directing the respondent No.1 in the writ petition/appellant No.1 to continue him on the post of Driver. On the last date of hearing, when the matter was taken up, time was granted to the learned counsel for the appellants to explore the possibility of absorbing the respondent No.1/writ petitioner in the services of the appellants/organisation. Today, learned counsel has fairly stated before this Court that the appellants/organisation shall be absorbing the respondent No.1/writ petitioner in the organisation. However, concession is made in this particular case only and this should not be treated as a precedent.
In the light of the categoric statement made by the learned counsel for the appellants, the writ appeal stands disposed of with a direction to the appellants to complete the necessary formalities for absorption of the respondent No.1/writ petitioner within the period of three months from the date of receipt of certified copy of this order.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ________________________ SATISH CHANDRA SHARMA, CJ _______________________ ABHINAND KUMAR SHAVILI, J 22.02.2022 JSU