IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6189 of 2009 Between: Mastan Vali ..... Petitioner AND The office of the Divisional Manager, APSRTC, rep., by its Divisional Manager, Tanuku, West Godavari District & others. .....Respondents Counsel for the petitioner : Sri P. Subash Counsel for the respondents: Sri C. Prakash Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6189 of 2009 ORDER:- This writ petition is filed by the petitioner feeling aggrieved by the inaction of the respondents in taking him back into service as Driver in pursuance of order dated 23.02.2005 passed by respondent No.2. The petitioner, who was a driver of the Andhra Pradesh State Road Transport Corporation (for short, ‘the Corporation’), was removed from service following the disciplinary proceedings dated 30.08.1997 passed by respondent No.3. Appeal filed by him was dismissed vide proceedings dated 01.11.2004 by respondent No.1. Thereafter, the petitioner filed a review petition before respondent No.2. The said review was allowed by respondent No.2 by order dated 23.02.2005 by modifying the penalty imposed on the petitioner to reduction of his pay by two incremental stages for a period of two years having the effect of postponing his future increments besides treating the period of his absence from the date of removal to the date of reporting for duty on reinstatement as “not on duty” for the purposes of leave and increments. The grievance of the petitioner is that till recently when he came to know about the said order through the provisions of Right to Information Act, 2005, he was kept in dark about the said order. The petitioner pleaded that the said order was not communicated to him. Sri C. Prakash Reddy, learned Standing counsel for the respondents, submitted that the said order was sent to the address given by the petitioner, namely, Sri Sk.M.Vali, E.66565, Ex.RTC Driver, C/o. Rabbani, Councillor, 12th Ward, Pasupuleti Vari Street, Bhimavaram, West Godavari District and even according to the petitioner he changed his address during the pendency of the disciplinary proceedings. He further submitted that the respondents are prepared to take the petitioner back into service as Driver, subject to his medical fitness as certified by the authorized doctor of the Corporation. Having regard to the above facts, the writ petition is disposed of with the direction to the respondents to take the petitioner back into service, subject to his passing fitness test as per the Corporation’s regulations. The petitioner shall report to respondent No.2 on or before 15.04.2009. On such reporting, respondent No.2 shall subject the petitioner to medical examination and take him into service, if he passes the physical fitness test. As a sequel to disposal of the writ petition, WPMP.No.8086 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 01.04.2009 Note: Issue CC by 06.04.2009. B/o. ES