IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1256 of 2009 Between: Mohammed Shabbir Hussain S/o. Late Mohammed Abid Hussain Hayathnagar Depot, R/o. HNO.19-1-725/3, Opp: Kamatipura, Government Dispensary Palem Road, Hyderabad. ..... PETITIONER AND 1 The Depot Manager, APSRTC, Hayathnagar Depot, Ranga Reddy District. 2 The Divisional Manager, APSRTC, Hyderabad Division, Office at Gowliguda Chaman, Hyderabad. .....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 or order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to consider the representations and facts stated in the notice dt. 03.12.2008 for treating the actual date of retirement i.e., 05.06.1997 as on duty for all purpose by granting all consequential benefits and pass Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN 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. 1256 OF 2009 ORDER: 1. The petitioner worked as a Conductor in APSRTC and retired from service. While in service he faced departmental enquiry on the ground of unauthorized absence. The Depot Manager, APSRTC, Hayathnagar Depot issued Proceedings removing the petitioner from service. After lapse of 17 years, the petitioner issued a legal notice dated 3-12-2008 disputing the date of retirement. For better appreciation, I may refer para 6 of the legal notice which read as here under:- “ My client states that he had been sending representation to you both and notices were also issued to you both through the Advocate Sri Rajaiah, who expired and thereafter the case was entrusted to Sri Madhava Shastry but he also expired and the relevant corresponding letters and notices are not traced out from the office. Hence, the delay caused due to the death of both counsels and lack of information. However, now some Xerox copies are found and on the base of that this notice is issued to both of you”. I, therefore, call upon you to pay the salaries with effect from 6-5-1989 to the actual date of retirement i.e. 5-6-1997 treating the period as on duty for all purpose by granting all consequential benefits such as gratuity, promotions, increments etc., within the period of fortnight from the date of receipt of this notice, failing which my client will be constrained to take necessary legal action as per law in force against you for getting justice. Holding you responsible for the costs and consequences.”. 2. When the writ petition came up for admission, Sri K. Madhava Reddy, learned standing counsel for A.P.S.R.T.C takes notice on behalf of the respondents. 3. Heard learned counsel for the parties. 4. Learned counsel appearing for the petitioner submits that the petitioner was made to retire on 5-6-1989 treating his date of birth as 5-6-1931 and indeed he was to retire from service on 5-6-1997 and thus the proceeding issued by the respondents retiring him from the service with effect from 5-6-1989 is not legal and proper. 5. Indisputably, the proceeding came to be issued by the respondents notifying that he is deemed to have been retired from the services of the Corporation with effect from 30-6-1989. The Notification is dated 3-5-1991. The petitioner did not choose to question the notification over a period of 17 years. At this distance of time, the petitioner cannot be permitted to make the issue revived by issuing legal notice. The claim of the petitioner is liable to be dismissed on the ground of laches. 6. Accordingly, this writ petition is dismissed at the admission stage. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 29th January, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 1256 OF 2009 29th January, 2009.