IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 13407 of 1999 Between: Syed Lateef Ali Azmi S/o.Syed Murad Ali Talib H.No.14-7-96, Muslim Jung Bridge Hyderabad-12 ..... PETITIONER AND 1 Andhra Pradesh Electricity Board rep.by its Chief Engineer Electricity Metopolitan Zone, APSEB, Mint Compound, Hyderabad-500 004 2 Andhra Pradesh Electricity Board rep.by its Superintendent Engineer Operation Circle, Hyderabad APSEB, Mint Compound, Hyderabad-500 004 .....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 particularly in the nature of certiorari or any other appropriate writ or direction to the respondents and quash the impugned orders contained in Memo No.SE/OP/C/Hyd.Adm.A1/ F.163/1116, Dt.03/12/1996 of the Superintending Engineer, Operation Circle, Hyderabad, the respondent-2 herein, as arbitrary and illegal or pass any such other order or orders. Counsel for the Petitioner:MR.MOHD YOUSUFUDDIN Counsel for the Respondent No.: MR.S.RAVINDRANATH The Court made the following : ORAL ORDER: This writ petition is filed seeking a Certiorari to call for the records relating to Memo No.SE/OP/C/Hyd-Adm.A1/F.163/1116 dated 3.12.1996 of the second respondent and quash the same as arbitrary and illegal. It appears, petitioner was appointed as Helper in the Respondent Organisation on 12.6.1969 and working as such. While that being so, he had absented from duty from 2.6.1994 to February 1998. The respondents while invoking Regulation 28(3) of APSEB Service Regulations Part-I passed the impugned order dated 3.12.1996 treating the petitoner deemed to have been resigned from the service of APSEB with effect from 2.6.1994 (FN). According to the petitioner, he was mentally sick during 2.6.1994 to February 1998 and he was not aware of the things that happened during the said period. It appears, after recovering from his ill-health, when the petitioner approached the respondents, he was informed that his services were terminated by the respondents vide impugned order invoking clause 28(3) of APSEB Regulations Part-I. According to the petitoner, the impugned order is arbitrary, illegal and violative of principles of natural justice. The respondents have filed a detailed counter denying the allegations made by the petitioner and stated that the petitoner absented from duty for such long period, therefore the impugned order cannot be said to be either arbitrary or illegal. There is no necessity of going into all the details. It is settled proposition of law that an employee cannot be removed from service on the ground of deemed resignation under Regulation 28(3) of APSEB Service Regulations Part-I, which has already been decided by this Court in K.SATYANARAYANA MURTHY (DIED) BY L.Rs. v. A.P. STATE ELECTRICITY BOARD, HYDERABAD[1]. In view of the same, the impugned order is liable to be set aside. However, instead of remanding the matter for reconsideration at this length of time and putting the petitioner to ordeal of enquiry, I deem it appropriate to give quietus to the litigation here itself by modifying the order passed by the respondents. Therefore, to meet the ends of justice, the impugned order is set aside directing the respondents to treat the deemed resignation as to that of compulsory retirement and the petitioner shall be extended with all other benefits flowing out of such compulsory retirement. The respondents shall complete this exercise within a period of three months from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 28.3.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.13407 of 1999 28.3.2008 [1] 2003(4) ALD 90