High Court · 2025

Petition under Article 226 of lh,e 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 or direction, particularly one in the nature of WRIT OF IMANDAIUUS, declaring the impugned action of the respondents in reckoning the petitioner seniority in the post of shramik from the date of reporting, not counting the interregnum period from 20-11-2008 lo 22-8-2013 for the purpose seniority, increments and salary and not counting seniority in the post of driver and not paying the salary in the post of driver cadre as illegal, arbitrary, discriminatory, and in violation of Section of 47 of the Persons with Disabilities(Equal Opportunities, protection of Rights and Full participation) Act, 1995 and also in violation of Art 14 and 21 of constitution of lndia and consequently the petitioner pray this Hon'ble court may pleased to direct the respondents to treat the period from 20.11.2008 to 22.08.2013 for all purposes i.e., salary, increments and seniority in the cadre of driver and also count the -v petitioner seniority in the driver post for the purpose of pltmotion etc., along with all consequential benefits interest of justice and fair play. I.A. NO: 1 OF 2016(WPMP. NO: 54914 OF 2016 Petition under Section 151 CPC praying that in the circr,rmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to arrange the salary for the per od from 20.11.2008 to 22.08.2013 pending disposal of the above writ petition in the interest of justice and fair play. Counsel for the Petitioner: SRI V.NARASIMHA GOUD Counsel for the Respondents: SRI PANAKANTI SATISH KUMAR, SC FOR TGSRTC The Court made the following: ORDER J THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.4451O of 2O16 ORDER: Petitioner joined the respondent corporation as a Driver on 27.O9.1986, regularized on 16.O2.19a7, and worked continuously until he was prematurely retired on 20.1 1.2008 due to visual handicap. He was retired on grounds of disability without being offered alternative employment or adjusted in a supernumerary post. Aggrieved by the same, petitioner filed W.P.No.l6973 of 2012, and this Court utde order dated

25.06.2012 disposed of the same directing the respondents to provide alternative emplo5,,rnent under Section 47 of the Persons with Disabilities Act, 1995, within three months from the date of that order. Following a medical examination, petitioner was found fit and appointed as Shramlk on 22.08.2013. However, the amounts paid to him during the period without emplolT nent are being recovered from his salary. His seniority and pay are reckoned only from 22.0A.2013 as Shramik, not continued from his original Driver post. The intervening period between retirement and reappointment is not counted as duty for increments, seniority, or salar5r. \ The petitioner sent a notice 2 NBK,J W.P. N0.44510 of 2016 through his Advocate on 15.10.2016 requesting his interregnutm period be counted for all purposes and seniority restored as a Driver. Due to non-recognitir:n, he has lost seniority and promotion opportunities colnpared to his colleagues, amounting to disability discrirnination under Section 4'; of tlne Persons with Disabilities A<:t, 1995. Hence, this Writ F etition

2. Heard Sri V.Narasimha Goud, learned counsel for the petitioner, ald Sri P.Satish Kumar, learned Sr.anding Counsel for respon,lent Corporation. Perused the record.

3. Learrred counsel for petitioner made subrnissions on the lines of thr: writ affidavit and requested this Court to direct the respondents to treat the period from 20.11.2003 to 22.08.2OI3 for aJl purposes, i.e., salary, increments, and seniority in the cadre of Driver, and also to count the petitioner's seniority in the Driver post for the purpose of promoti cn, along with consequential benefits.

4. Learned Standing Counsel for respondt:,nt Corporation submits that petitioner voluntarily retired from service on medical g'ounds ald remained silent for for.rr vears before :rs NEKJ W.P- No./14510 of2016 approaching this Court in 2012. This delay, which is both inordinate and unexplained, renders the writ petition liable to be dismissed on the ground of delay and laches. Based on the Court's directions, he was later provided with alternative employment. However, in 2076, he sought retrospective seniority, increments, and back wages for the period during which he was not in service. It is further submitted that petitioner had received ful1 and finai settlement benefits. Having accepted these benefits, he is now estopped from claiming retrospective seniority, increments, or back wages for the period from 20.11.2008 to 22.08.2013, when he was not in serrrice. It is a well-settled legal principle that voluntary retirement results in the forfeiture of past service, and an employee who has received terminal benelits cannot later claim continuity of service without first refunding those amounts. It is also submitted that petitioner, having accepted alternative emplo5,rnent as a Shramik, continued to serve the Corporation and eventually retired upon attaining the age of superannuation on 30.06.2018. Therefore, the petitioner's grievance is unsustainable and untenable, and the writ petitio- is devoid of merit and tiable to be dismissed. \ \ 4 NBICI \ r.P. No.44510 of 2015

5. Upon consideration of the submissions a.l.rd perrrsal of the material on record, this Court finds that the initial ar:tion of the Corporation 1n retiring the petitioner r,idthout offering alternativr: employment was contrar5r to Secticn 47 of tine Act, which mandates that no employee shall be ':erminated from service by reason of disability and sha_ll instead be shifted to alother post u,ith the same pay scale and service benefits. Acceptance of terminal benefits under compu lsion cannot be considerecl voluntary relinquishment of service, especia1l1. when the retirernent was illega,t. The petitioner prorrrptly challenged the said action in W.P.No. 16973 of 2072, and Lhe order of this Court dated 25.06.2072 afhrms the illegalit/ of the earlier retirement. Therefore, the refusal to count 1.he period from 20.ll.2OOB to 22.08.2013 as continuor.rs service is unsustainirble. The petitioner is entitled to service benefits for that periocl, and recovery of any amounts paid irs not permitted.

6. In view of the above findings, this C)ourt is of the considered opinion that petitioner is entitled to the benelit of continuity of service from 20.11.2008 to22.OZ.2O|3, without aetual back wages, but with notional fixation of pay, senlority, and eligibility for promotion in the cadre of Driver, ::r-.:]:w 5 NBKJ W.P. No.44510 of 2016 along with all consequential benefits, except arrears of salary. The amounts already recovered from the petitioner during the said period, if any, shall be refunded. 7 . Accordingly, the writ petition is disposed of directing the respondents to: . Treat the petitioner as being in continuous service from 20.11.2008 to 22.08.2013 for all service-related purposes except actua_l monetaqr benefits; . Restore his seniorit5r in the cadre of Driver accordingly; . Consider his eligibility for promotion and other service benefits on that basis; . Refund any amounts recovered from his salary on account of a-lleged overpa5rment during the interregnum period, within three months from the date of receipt of a copy of th is order. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. t l //TRUE COPY// To, 1 The Managing Director, Telangana State Road Bhavan. Musheerabad, HYderabad SD/.N. SRIHARI EPUTY REGISTRAR SECTION OFFICER ransport Corporation, Bus

2. The Regional lvlanager, TSRTC, Nalgonda Region, Nalgonda The Deprtt lVanager, fSRTC, Bus Depot, Nalgonda, l,lalgonda Dist. One CC;:o SRt V.NARASIVHA GOUD, Advocate [OpJC] One CC to SRt pANAKANT| SATTSH KUMAR, SC FCR TGSRTC [OPUC] Two CD {}opies o 4 Cl BSR GJ HIGH COURT DATED:0810712025 t' l t- ORDER WP.No.44510 of 2016 ,,, __h\,,, -a / t 1 ;' sEP zlui ,i i) + DISPOSING OF THE WRIT PETITION, WITHOUT COSTS j