High Court · 2025

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the proceedings No.Pl1756(12y2014 MDN dl.1 .10.2014 passed by the 2nd respondent as illegal, arbitrary, unsustainable in taw and contrary to the records, and violative of Article 1 4, 16 and 21 of the Constitution of lndia and fi :ffi:,'""J: :rtFH I# ::1#, ffiil TIiitr fl recorded and carried till date. t.A. NO:1OF201s(wPMP. NO: 45760 Fzo1s) petition under Sect n the arrdavrr,.o ,n .rJ'roJn';fi:ffi1::r[:; ::,ilJ:: ;::J:]"J suspend the operation No F' t7s6(12)t2014 ro* dt 1.1o 2014 by directins *:t,"::""J;,:":j,:::,,, Grade-r in Midhani oupor rsRrc pendins disposar ;';i,: ,# H JfioL,,r", IA NO: 10 F 2021 petition under Sec in the arridav*,,,"0,n,, j'roJ.,';i,fH:l::r]ril direct the Respondents No l and 2 to setfle and such as pension, providenr a, ";-;.-: 2013, rast month sarary ",ll}, l;,"Jl}#;"tji]if'"ash, 30/061201B arong with interest ;-r,;":,r*::"'_'u Writ petition. H, ;J::T:::il"J :'"]"'no-r", thr-' retirement benefits, ent, arrears or RpS Iortne perict from 01lo4/2o1sto >rest @ 24o/o per annum forthwit rending disposal of l.A. NO:2OF2015(Ir'VMP NO: 4791 0 Between: F2015) 1 2 AND

1. 2 Jil:.[?:il?: il :" :,,s:?, [",i:,];:n s po rt co rpo ratio n, R, The Depot Manager, TSRTC, Midhani Depot, Hyderabad by its Arlanaging ...PETITtONERS 'Afl1ff#;i,,3*1]ii'fi 'ft ,iff sffi .l",fl i;f,.\.?i,xii,f,':i,?lJ5; fl,#i,fl S:'i,?R:ii?i:,,t;[J&.r?,i:#:,.,:Ur,f,"r*a:",g:[:?liBi.:,,5,f-,."**, 41,ffi'""#: ogJ, n"&los,i? l:d I Vail,ffi g"& ft :, . " R,u""#, i,

4. [Vlaregouni Suresh Goud, S/o. Late ltrl.Narsimha Goud, age 35 years, Occ: Private Employee, R/o H.No.5-1 '14, Koheda Village, Hayathnagar, Ranga Reddy District

5. Dusari Swapna, D/o. Late Narsimha Goud, age 38 years, Occ: Housewife, Rl/o Flat No.404, lV Floor, l\iladhavaram Serenity, Karamanghat, Saroornagar, Ranga Reddy District. (As per Court ordir dated 08.02.2024vide l.A.No.01/2023 in WP.No.3442 of 2015 Lrs (Legal representatives) brought on record) ...RESPONDENTS 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 vacate the interim order granted on 04.03.2015 granted in WPIvIP No. 4576/2015 in WP No.3442120'15. Counsel for the Petitioner: SRI M.RAMALINGESWARA REDDY Counsel for the Respondents: SRI N.SRUSHMAN REDDY, SC FOR TGSRTC The Court made the following: ORDER THE HON'B E SRI JUSTICE NAM AVARAPU RAJ SHWA RAO E WRIT PETITION No.3 442 0F 20L!; ORDER This Writ Petition is filed seeking the following r- :lief : "...to issue a writ, order or direction, more pa' one in the nature of Writ of mandamus decla, proceedings No.P1/756 (12)/2014 MDN dt.1.. passed by the 2'd respondent as itlegal, tt unsustainable in law and contrary to the recct violative of Article 14, 16 and 21 of the Cor : of India and consequently direct the responc continue the petitioner in service as Driver G' the organization till he attains the i superannuation as per the date of B'r 01.07.1960 which was initially recorded and till date and to Dass such other order or order: Hon'ble Court may deems fit just and propL: circumstances of the case." icu la rly ing the

0.2014 bitrary, 7s, and titution ents to rde-I in ge of ih i.e. ca rried as th is in the

2. Heard Sri M. Ramalingeswara Reddy, learned :ounsel for the petitioners, and Sri N. Srushman Reddy, learned S.i nding Counsel for TGSRTC, appearing for the respondents. Perused he material on record.

3. Brief facts of the case are that prl itioner No.1, Mr. M. Narasimha, was initially appointed as a Driver in the Dilsukhnagar Bus Depot of APSRTC on 16.06.19t., on a casual 2 basis, vide office order No.P2l502(2)/87-DSNR, and was allotted Badge No.12161. His date of birth was recorded as 01.07.1960. Subsequently, vide proceedings No.PU232(27)/87-DY.CTM(H) dated 04.02.1988, his services were regularized as Driver Grade-Il under Regulation 17 of the APSRTC Employees (Recruitment) Regulations, 1966, with effect from 08.02.1988. Later, vide proceedings dated 18.05.1995, his probation was declared with effect from 08.02.1989, and he was confirmed as a permanent employee with effect from 01.07.1994. Throughout his service, including all official records and pay slips, his date of birth continued to be recorded as 01.07.1960, which was assessed and fixed by the Medical Board at the time of his initial appointment, as he was illiterate and did not possess any formal documentary proof of ag e.

4. While things stood thus, to the surprise of petitioner No.1, responCent No.2 issued proceedings dated 01.10.2014, notifying that he would attain the age of superannuation (58 years) on

24.03.2015, based on an altered and incorrect date of birth, i.e.,

25.03.1957. This incorrect date was neither furnished nor known to petitioner No.1 and had never been communicated to him at any earlier stage. It is contended that the said date is factually incorrect, legally untenable, and contrary to the official service records, including appointment orders and pay slips, which ,/- _) consistently reflect his date of birth as 01.07.19r; ). It is further submitted that no prior notice or due process was 'ollowed before issuance of the impugned order, rendering the said rction arbitrary and illegal. Hence, the present Writ Petition.

5. Learned. counsel for the petitioners subri ts that while petitioner No.1 was in service, the correction of his (, rte of birth was carried out unilaterally by the department, withoul informing him. As a result, he approached this Court, and tl order dated

04.03.2015 in W.P.M.P.No.4576 of 2015, this Court lranted interim order, which reads as follows: "By an order dated 16.06.1987 of thc Depot Manager, Dilsukhnagar Depot, Hyderabad t re writ petitioner was engaged as a driver Grade-Il ct casual basis. The date of birth of the petition :r was recorded therein as 01.07.1960. Hower( r, the Corporation now proposes to retire him fronr service on the ground that he has already attained ,he age of superannuation of 58 years and hence \z must retire from service on the A.N. of 31.03.2015 Going by the proceedings dated 16.06.-987 of the Depot Manager, Dilsukhnager Depot, Hy(erabad the petitioner would attain the age of superan tuation as on 30.06.2018. Therefore, the baltr,,ce of convenience lies in his favour and hert e the Corporation is directed not to retire the p= itioner from service on 31.03.2015 and continue 1im in !-I \ \r "Fi.cir1 4 service duly paying his monthly wages in the interregnum period."

6. Learned counsel for the petitioners further submits that petitioner No.1 expired after completion of three years frorn the date of the above interim order. Thereafter, Legal Representative (LR) Petition was filed and allowed by this Court on 08.02.2024, whereby petitioner Nos.2 to 5 were brought on record as legal heirs of the deceased petitioner No.1.

7. Learned Stancjing Counsel for TGSRTC submits that the Corporation is willing to consider the terminal and service benefits due to the legal representatives of the deceased petitioner, if they are otherwise eligible, subject to submission of a fresh representation. Upon such representation, the authorities will consider the same and pass appropriate orders in accordance with law. 8, Taking into consideration the submissions made by the learned counsel for both parties, this Writ Petition is disposed of with a direction to petitioner Nos.2 to 5, Iegal representatives of deceased petitioner No.1 to submit a fresh representation before the respondents within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the respondents are directed to consider the same if otherwise 5 eligible, strictly in accordance with law and pass apg ropriate orders thereon within a period of eight (8) weeks thereafter There shall be no order as to costs. As a sequel, miscellaneous applicaticns pendirr 1, if any, in this Writ Petition, shall stand closed. I To, sB(n ASS JAWAHAR REDDY ANT REG] TRAR --+ //TRUE COPY// \ CTION OFFICER Se \ Road\ I r Insport, Corporation,

1. The Managing Director, Telangana State It/usheerabad, HYderabad.

2. The Depot ltlanagar, TSRTC, Midhani Depot, Hyderabr l' 3. One CC to SRI M.RAMALINGESWARA REDDY, Advoc rte [OPUC] 4. One CC to SRI N.SRUSHIVIAN REDDY, SC FOR TGS: TC IOPUC] 5. Two CD Copies BSR BS |.lriT +IIGH COURT DATED: 2610812025 ORDER WP.No.3442 of 2015 {hE SrA ,.) C O i 7 JAN 202[ i * t I )rr. ..- - L S|.: .'l=: =- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS MMT t1 la. as