IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13627 of 2008 Between: D.Madhusudhan S/o.Narsaiah At Miryalguda Depot, Nalgonda District. ..... PETITIONER AND 1 The Chairman/Managing Director, A.P.S.R.T.C. Bus Bhavan, Musheerabad, Hyderabad. 2 The Deputy Chief Traffic Manager, A.P.S.R.T.C. Nalgonda Region, Nalgonda District. 3 The Depot Manager, Miryalguda Depot, Nalgonda District. .....RESPONDENT(S) 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 to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus to declare the impugned Proceedings No.P2/693(9)/2007-MLG, dated 20.09.2007 issued by the 3rd respondent by permitting the petitioner on Medical Retirement where the certificate was issued by the Medical Officer, APSRTC Dispensary, Nalgonda District is as illegal, arbitrary, unreasonable and also inviolation of principles of natural justice and set-aside the same and consequently direct the respondents to re-instate the petitioner in to service as a Conductor Grade-II in Miryalguda Depot, Nalgonda District and pass such other or further orders as are necessary. Counsel for the Petitioner:MRC.RAJA SEKHAR REDDY Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13627 of 2008 ORDER: The petitioner was working as a Conductor in Miryaguda Depot of A.P.S.R.T.C. He submitted an application in September 2007, stating that he was suffering from ill-health and requested the respondents to retire him on medical grounds. He has also enclosed a certificate, dated 18.09.2007, issued by a Medical Officer. Acting on the same, the 3rd respondent passed an order, dated 20.09.2007, retiring the petitioner from service on medical grounds. The stipulated monetary benefits were also extended to the petitioner. Stating that he had to submit his application for retirement on medical grounds, due to certain disturbances in the family, the petitioner submitted a representation, dated 05.05.2008, to the 2nd respondent with a prayer to reinstate him into service on humanitarian grounds. His grievance is that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The cessation of the service of the petitioner was brought about by himself, by making an application on medical grounds. It is not a case of dismissal of the petitioner on disciplinary grounds or retirement by the respondents themselves on medical grounds. Therefore, the representation made by the petitioner is almost on humanitarian grounds. Though this Court is not inclined to entertain the writ petition, or to issue any positive directions, it is disposed of, leaving it open to the 2nd respondent to examine the representation, dated 05.05.2008, submitted by the petitioner and pass appropriate orders thereon. There shall be no order as to costs. _________ 18.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13627 of 2008 Dated: 18.07.2008 JSU