S.Narsa Reddy v. The Regional Manager

Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the in action of the respondents LC/785(WP. No.4518)/2'146- RM ADB dt. 09.06.2016 is illegal, arbitrary, contrary to the provisions of law by issuing a writ of Mandamus or any other appropriate writ, order or directions to consider this Honble Court in orders in WP.No.45'18 ol 2O16 dt. 08.03.2016 dt. 08.03.20 16 consequently consider the representation to post a clerical job either in Utnoor Depot or any other place in Adilabad District. l.A. NO: 1 OF 2016(WPMP. NO: 30316 oF 2016) 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 direct the representations made by the petitioner and apprrint as a clerk in Utnoor Depot or any other Depot consequently to implement thr: orders of this Hon'ble Court in WP.No. 4518 of 2016 dt. 08.03.2016. l.A. NO: 1 OF 2017(WPMP NO: 9387 OF 20171 Petition under Section 151 CPC praying that in th: circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the Respondent 1 and 2 to allot him a with an alternate clerical job with light duties stationed at one place within the vicinity of a hrtspital and allow him to join the same as soon as possible. tA NO: 1 OF 2019 Petition under Section 151 CPC praying that in thr: circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Order No E11468 (i) tbOll OVt UTNR dated 2ZlO3t2O1B passed by the respondents against the petitioner directing the Respondent to reinstate the petitioner into Servtce forthwith by giving all back wages and other benefits. lA NO: 2 OF 2020 Petition under Section 151 CPC praying that in the: c rcumstances stated in the affidavit filed in support of the petition, the High Cc urt may be pleased to amend the prayers as MAIN PRAYER "it is prayed that, this Honble court may be pleased to issue a order or direction more particularly one in the nature of Writ of Mandamus to call for the records and thereby set aside the proceedings order vide No LC/ r85(WP - 24546)12016 - RM:ADB Dated 06/03/2017, passed by the 3rd Respondent declaring the actions of the Respondents as illegal arbitrary, unconstitr.rtio na I and violation of provisions with disabilites Act and in consequence direct the Respondents to provide the Petitioner an alternative job under the concerned Act along with paying all benef its, back wages etc., for which the Petitioner is entitled" instead of the main Writ Petition prayer and to pass such order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of justice. INTERITM PRAYER "lt is further prayed that this Hon,ble court may be pleased to amend the prayer as "grant stay on proceedings order vide No. LC/785(WP-24546)12016-RM:ADB, Dated 06-03-20 17, passed by the 3rd Respondent and thereby direct the Respondents to provide alternative employment in the Respondents depaftment which is suitable job to Petitioner during the pendency of the main petition" instead of the interim prayer in the main Writ Petition. lA NO: 1 OF 2024 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 grant permission to the Petitioner for amendment of the main writ petition prayer by inserting to set aside the impugned order i.e., LC/785 (WP-24546) 12016 - RM: ADB, dated 06-03-20'l 7, and for amendment of other portion of the affidavit wherever the same is necessary without pre.judice cause to the parties herein. And to pass such order or orders as this Hon'ble court may deem fit and proper in the circumstances of this case and in the interest of justice. lA NO: 1 OF 2025 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 consider the petitioner's application dated 13-03-2025 for granting employment to his dependent under the eligible dependent category, as per their letter bearing No. LC/785 (WP-24546)12016 - RM: ADB, dated 06-03-2017, and further direct the Respondents to provide the petitioner with all -':.I:jfflE.*rqr ';1'.:., ' n ,:|, the benefits that he have entitled to as of his last working day, including proper -t ::. calculations of such benefits. Counsel for the Petitioner: SRI M.VENKATA SWAMY Counsel for the Respondents: SRI A.RAVI BABU, SC FOR TSRTC The Court made the following: ORDER HON'BLE SRI JUSTICE NAGTSH BHEEMAPAKA I.A.No.1 of 2o25 IN/AND WRIT PETITION No.24546 of 2OL6 ORDER: The case of the petitioner, as per the writ aifidavit, is that he was appointed as a Conductor on daily wage basis in the respondent- Corporation in the year 1998, and was regularized since 2OO 1. The date of appointment is contested in the counter affidavit, stating that he r,r,as on daily wage from 22.O3.2OOL and not since 1998, ald that his services were regularized from Ol.l2.20l1. Be that as it may, the petitioner suffered from Paralysis and also Cardiac problem and underwent medical treatment until 2O15.'He made a representation to the respondent authorities on 2I .12.2015 requesting to give him clerical duties, artd as the same was not considered, he liled W.P.No.4518 of 2OL6 and this Court directed the authorities to consider his case. The medical examination conducted by the Chief Medical Officer, Tarnaka, Hospital, revealed that the petitioner has "Recurrent Tendency of Seizures", thereby the petitioner is stated to be not ht for duties in the Corporation. The respondent authorities issued a Letter No.LCl785 (WP-24546)l2016 - RM: ADB dated 06.03'2017, stating as iollows: \ *The petitioner has been declared unfit for the post of Coaductor due to Seizure Disorder. As 2 per the Regulations 6A(41 of Senrice Regulations, the petitioner has to be retired on medical grounds. He would be entitk:d for the benefits mentioned under Regulation SAf of Senrice Regulations, otherwise he c:an claim employment to any of his eligible dependents as per the Cir.No.PD-19 I2OLS dated O3.06.2015. Seizure Disorder does not fall under the definiiion of "Disability" under Secti,on 2(i) of the Persons with Disabilities Act and therefore the petitioner is not entitled for an5' benefrts under the Act as per the orders of the Hon'ble Apex Court dated. 23-02-2017 in C.A.No.3529- 2Ol7 and. batch."

2. The petitioner novv filed this interlocutory application, I.A.No. I of 2025, seeking a direction to the respondent s to consider his Application dated 13.03.2025 for employment to his dependent under the eligible dependent category as per the aforesaid letter dated

06.o3.20t7.

3. Having considered the submissions of respr:ctive counsel, and perused the record, I.A.No. I of 2025 stands allow,:d. r,r,.ith a direction to the respondent-authorities to consider the petitioner's Application dated 13.03.2025 for employment of his dependr:nr, in light of the letter dated 06.O3.2017 issued by the responc ent-authorities, in 3 accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ Petition is accordingly disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.A.V.S.PRASAD DEPUW REGISTRAR A,)' SECT{ON O FFICER To,

1. The Regional Manager, Telangana State Road Transport Corporation, Adilabad Region, Adilabad District.

2. The Personal officer, Telangana State Road Transport corporation, Adilabad Region, Adilabad District. The Depot Manager, Telangana State Road Transport Corporation, Utnur, Adilabad District. 3 4 C 6 BSR GJ One CC to SRI M.VENKATA SWAMY, Advocate [OPUC] One CC to SRI A.RAVI BABU, SC FOR TSRTC IOPUCI Two CD CoPies .',.,. .: HIGH COURT DATED:1710312025 ' -.t'J .4.) 1 0 sEP 2025 \ -:. :Ytr .'l ORDER l.A.No.1 of 2025 IN/AND WP.No.24546 of 2016 ALLOWING THE I.A. & DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \\ a