IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26634 of 2008 Between: 1 A.P.S.R.T.C. Staff & Workers Federation (Registration No. B-891) represented by Regional President P.N.V. Parameshwar Rao S/o. Appa Rao Aged 38 years, R/o. Narsipatnam, Visakhapatnam District 2 U.K. Rao S/o.Rama Rao Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 3 P.S. Vasu S/o.Satyarao Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 4 B.V.S.S.S.Yajulu S/o.Bhaskar Rao Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 5 G.S.V.R.D.Sagar S/o.Sanjeeva Rao Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 6 P.M.Rao S/o.Yerranna Naidu Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 7 K.A.Rao S/o.Satyanarayana Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 8 K.T.V.K.Rao S/o.Laxmana Swamy Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 9 G.A.Naidu S/o.Simhadri Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 10 T.S.M.Rao S/o.Ramachandra Rao Narsipatnam Depot, Narsipatnam, Visakhapatnam District. 11 M.K. Rao S/o.Korlayya Visakhapatnam Depot, Visakhapatnam District. 12 Kosetti Ramana S/o.Bhooloka Visakhapatnam Depot, Visakhapatnam District. 13 D.S.Rao S/o.Appala Suri Visakhapatnam Depot, Visakhapatnam District. 14 K.P.Naidu S/o.Sanyasi Gajuwaka Depot, Visakhapatnam District. 15 P.R.Babu S/o.Atchiyya Gajuwaka Depot, Visakhapatnam District. 16 B.A.Rao S/o.Venkatarao Gajuwaka Depot, Visakhapatnam District. 17 V.K.Babu S/o.Veerayya Gajuwaka Depot, Visakhapatnam District. 18 P.S.Rao S/o.Modi Naido Waltair Depot, Visakhapatnam District. 19 K.P.Kumar S/o.Venkata Krishna Murthy Waltair Depot, Visakhapatnam District. 20 A.S.N.Murty S/o.Kondayya Simhachalam Depot, Visakhapatnam District. 21 V.T.Ram S/o.Siva Ramayya Maddilapalem Depot, Visakhapatnam District. 22 T.Pall S/o.Prakasam Maddilapalem Depot, Visakhapatnam District. 23 V.H.K.Prasad S/o. Pydiyya Gajuwaka Depot, Visakhapatnam District. 24 M.V.Rao S/o.Simhachalam Gajuwaka Depot, Visakhapatnam District. 25 D.M.Rao S/o.Somulu Gajuwaka Depot, Visakhapatnam District. 26 Ch.B.Raju S/o.Nookaraju Waltair Depot Visakhapatnam District. 27 P.S.N.Murty S/o.Somayajulu Simhachalam Depot Visakhapatnam District. 28 K.R.Kumar S/o.Nagarju Simhachalam Depot Visakhapatnam District. 29 V.K.Rao S/o.Kondalrao Maddilapalem Depot, Visakhapatnam District. 30 N.S.Narayana S/o.Sankarayya Visakhapatnam Depot, Visakhapatnam District. ..... PETITIONER(S) AND 1 Andhra Pradesh State Road Transport Corporation, rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C. Visakhapatnam Depot, Visakhapatnam. 3 The Depot Manager, A.P.S.R.T.C. Narsipatnam Depot, Narsipatnam. 4 The Depot Manager, A.P.S.R.T.C. Maddilapalem Depot, Maddilapalem, Visakhapatnam. 5 The Depot Manager, A.P.S.R.T.C. Waltair Depot, Waltair, Visakhapatnam. 6 The Depot Manager, A.P.S.R.T.C. Gajuwaka Depot, Gajuwaka, Visakhapatnam District. 7 The Depot Manager, A.P.S.R.T.C. Simhachalam Depot, Simhachalam, Visakhapatnam. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declare the action of the Respondents Depots Officials in issuing the Show Cause Notices and consequential recovery of amounts towards expenditure alleged to have been incurred towards double duty during the period of absence of the employees 9-10-2008 as illegal, arbitrary and unjust and consequently direct the Respondents Depot Officials to reimburse the amounts deducted from the employees of the Respondents 3 to 7 towards additional expenditure incurred towards payment of double duty wages during the period of their absence together with costs and interest and pass such other order or orders. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 26634 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are 30 in number assailing the show cause notice and consequential recovery of the amounts from them alleged to have been incurred towards double duty during the period of their absence on 9-10-2008. 2. When the writ petition came up with admission, Sri K. Madhava Reddy, learned Standing Counsel received notice on behalf of the respondents No.1 to 7. 3. Both the counsel submit that the issue involved in this writ petition is squarely covered by a judgment of this Court in W.P.No.19593 OF 2005 ( D.B. Rao and others Vs. A.P.State Road Transport Corporation and another) wherein it has been held as here under. “ For the foregoing reasons, the writ petition is allowed, and the impugned order is set aside. Inasmuch as the petitioners have already taken note of the allegations made against them, it is not necessary to require the 2nd respondent to issue fresh notice. The petitioners have already submitted representations with a request to furnish the copies of log sheets etc., The 2nd respondent has to deal with such applications, either by acceding to the request, or by communicating the reasons for non-compliance thereof, in writing. On receiving a communication in this regard, the petitioners shall be entitled to take further steps. It is only thereafter, that the respondent shall be entitled to pass orders. The writ petition is accordingly allowed to the extent indicated above. There shall be no order as to costs” 4. Indisputably notice for recovery of the alleged amounts have not been served on the petitioners. 5. In that view of the matter, the writ petition is disposed of directing the respondents 2 to 7 to serve the notice on the petitioners and affected parties and thereupon the petitioners and affected parties are at liberty to submit their written representations within two weeks. The said representations are required to be dealt with in accordance with the rules in force. 6. With the above observation, the writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 28th January, 2009. Note: C.C. in two days, B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 26634 OF 2008 28th January, 2009.