D.K.P. Rao v. 1. The A.P. State Road Transport Corporation

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF IVANDAI\,IUS declaring the action of the respondent in not continuing the petitioner as Shramik /other alternative employment and not paying the salary from January, 2014 lo till date is illegal, arbrtrary and contrary to the APSRTC service Regulations, provisions of Act 1/.1996 and consequently direct the respondents to pay the salary from January' 2014 to till date and continue the petitioner as Shramik or any suitable alternative post. .' ;---.-.;i/ l.A. NO: 1 OF 2014(WPMP. NO: 25919 OF 20141 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner as Shramik or any suitable alternate post and pay the salary from January, 2014 lo till date' pending disposal of the main Writ petition. l.A. NO: 1 OF 2015UWMP. NO: 2207 oF 2015) Between:

1. The A.P. State Road Transport Corporation., Rep.by its t\/anaging Director, Musheerabad, Hyderabad.

2. The Regional lt/anager, APSRTC, Nizamabad Region, Nizamabad. 3. The Depot lt/anager, APSRTC, Bodhan Depot, Nizamabad, District. ...PETITIONERS/RESPONDENTS AND D.K.P. Rao, S/o Sailoo, Hindu , aged 49 years, Occ Shramik, R/o Ambam(B), Village, Varni l\,4andal, N izamabad District. ...RESPONDENT/PETITIONER Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted in dated 04.08.2O14 in WP|\rlP No.25919/2014 in WP No.20675/2014 Counsel for the Petitioner: SRl. A. JAGAN Counsel for the Respondents: SRI R. ANURAG(SC FOR RTC) The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE P.SREE SUDHA i i I I ORDER: WRIT PETITION No. 2O675 of 2OL4 This Writ petition is filed to declare' the action of the rcspondcnl in not continuing the petitioner as Shramik/other alternativc cmployment and not paying the salary from Jaluary, 2Ol4 Lo till date is illegal and to direct the respondents to pay the salary from .January, 2Ol4 to ti1l date and continue the petitioner as Shramik or any suitable aiternative post.

2. Heard both sides. Perused the record.

3. [n a counLer fiIed by respondents, it is stated that petitioner rvas appointcd as drrvcr in the respondent Corporation on

01.08.I996 and his date of birth is 05.04. 1965 and he crossed the agc of 45 years, as such he was sent for periodical examination to asscss his suitabilitv in the post of driver. As per medical certilrcate dated 02.O1.2OI2, petitioner is medically unfit for the post of driver in A-1 category. He was sent to the medical board and he preferred an appeal for his pre-medical examination and clr-rring the pendencl, of thc appeal, he filecj W.lr.No.5362 of 2Ol2 and the same was disposed on 27.03.2012 with a direction to consider the case of the pctitioner and accordingly, he was 2 provided alternative empioyment as Shramik vide procecdings dated 16.O8.2012 and he was paid Rs.79,649/- towards salarv. Later, petitioner u,as found unfit in the initial medical examination and he \l.as once again scnt to APSRTC Flospital, 'larnaka, Hyderabad to assess his suitability and he was found fi1 for thc post of driver A-1 Category ot O3.O2.2O14. He u.as directed for training and after training he rvas redirected on i3.03.2O14. Instead of perlorming the duties as driver, he submitted a representation stating that he q,as unable to perform dulics and requested to direct him for medical examination. Accordingly, he was sent to medical examination on 1Q.O4.2014. I{e rcported at the hospital on 21.O4.2014 and hc was kcpt undcr evahratror-r. lk: attended the hospital til 2a.O4.2OI4. Though he was kept r-rnder evaluation, hc failed to attend the hospital and at the depot till

24.09 .2014 and after the medical examination he has been d eclared medically unflt for thc post of driver in A- 1 category due to gross restriction of shoulder. He {iled the u'rit petition to continue him in the alternative employment as Shramik and to pay salarv from January, 2Ol4 and accordinglv they paid thc sa1ary from Jaluary to June 2O14. i. -.i'rlinFrelEr 3

4. It is stated that he failed to attend the APSRTC Hospital, Tarnaka, Hyderabad from 29.04.2014 till 28.09.2014 when he s'as kept under evaluation and he n as not entitled to salary for the said period. If he had attended that hospital when he was kept under evaluation, he rvould have been provided alternative cmployment as Shramik in the month of May only, as such he has no right to cLaim salary for the said period. Now, he was working as Shramik and salary was paid as per eligibility and a receipt of Its.25,490/- paid towards salary to the petitioner was filed by the rcspondents. Considering the submissions made by learned counsel for respondents, this Court frnds no merits in the writ pelition and is liable to be dismissed.

5. ln the result, this writ petition is dismissed. No costs. Miscellaneous pctitions pending, if any, shall stand closecl. I ro, //TRUE COPY// SD/.A.V.S.PRASAD ry REGISTRAR ECTION OFFTCER I 9nu CC to SRt. A. JAGAN, Advocate tOpUCt ? 9n" CC to SRt. R. ANURAG tsc Fbn'nrct"topucl 3. Two CD Copies BIM GJP \* HIGH COURT DATED:1610412025 ORDER WP.No.20675 of 2014 ,,.-1 1 I 30J t\,." ,- .^', \ (- ,i s 14 ;^\1 . t o......\ llt zffi ,l or/ '."cr-''r)/ DISMISSING THE WRIT PETITION WITHOUT COSTS b*fh \.-r.- )+{v1 \\'