IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.13980 OF 1998 Between: Podili Dasaratha Ramaiah, S/o Narasimhulu, R/o.D.No.16/234, Ramalingapuram , Nellore. ..... PETITIONER AND 1 Regional Manager, A.P.S.R.T.C.., Nellore, Nellore District. 2 Selection Committee, A.P.S.R.T.C., Nellore, Nellore District. 3 Managing Director A.P.S.R.T.C., Nellore, Nellore District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, preferably one in the nature of writ of Mandamus, declaring the action of the respondents 1 & 2 in not absorbing the petitioner as Conductor or in any other suitable post in the services of A.P.S.R.T.C., as illegal, arbitrary and contrary to law, and further direct the respondents herein to absorb the petitioner herein as conductor or in any other suitable post in the services of A.P.S.R.T.C. forthwith; Counsel for the Petitioner : MR.A.K.JAYAPRAKASH RAO The Court made the following : THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13980 OF 1998 O R D E R The petitioner seeks a direction to the A.P. State Road Transport Corporation (for short, ‘the Corporation’) to absorb him in the post of conductor or in any other suitable post in the service of the Corporation. Facts are not in dispute. The petitioner worked as a conductor in the Stage Carriage Bus bearing No.APN 3108 belonging to one P.Rami Reddy of Nellore, which plied on the route Nusunuruvaripalem to Epur. However, the said route was nationalized in the year 1987. The Corporation formulated a policy under Circular No.PD-75/83-84, dated 10.11.1983 providing for absorption of a maximum of five displaced workers against each displaced vehicle. The counter- affidavit filed by the Corporation unequivocally states that two drivers, two conductors and one checker were interviewed and were absorbed in the service of the Corporation as against the displaced vehicle bearing No.APN 3108. No reply affidavit has been filed by the petitioner rebutting this statement. In the light of the policy adopted by the Corporation providing for absorption of a maximum of five employees per each displaced vehicle which has been given effect to in so far as the vehicle bearing No.APN 3108 is concerned, there is no possibility of directing the Corporation to absorb the petitioner who worked as a conductor on the said vehicle. The writ petition is therefore devoid of merit and is accordingly dismissed. There shall be no order as to costs. ---------------------------- SANJAY KUMAR, J. 9TH JULY, 2009 PGS / VGSR THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13980 OF 1998 9th JULY, 2009