THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:30750 OF 2011 DATE:22.11.2011 BETWEEN: V.SATYANARAYANA …PETITIONER AND THE DEPOT MANAGER, APSRTC …RESPONDENT THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:30750 OF 2011 ORDER: Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. The writ petition is filed by the petitioner seeking for a writ of mandamus to declare the action of the respondent in not sanctioning the IOD from 2.5.2008 to 2.11.2008 as the incident occurred in the course of employment, as arbitrary and violation of Principles of natural justice India and consequently to direct the respondent to sanction IOD from 2.5.2008 to 22.11.2008 and release for the above said period by considering the representation dated 8.7.2010. The case of the petitioner is that he was appointed as Driver on 1.1.1998 at Shadnagar Depot and subsequently, he was transferred to Mahaboobnagar Depot in the year 2007 and accordingly he discharged his duties as Driver. While so, he was booked for 6.30 hours Hyderabad Non Stop service on 2.5.2008 with vehicle No:AP 28Z 1169. He completed first trip of Hyderbad and reached at 9 A.M. and when he put the vehicle on Mahaboobnagar platform to return to Mahaboobnagar, his colleague driver M.D.Fakeer Basha E.No:28108 with Vehicle No:AP 28Z 2667 came to him and abused with unparliamentary language. After reaching Mahaboobnagar at 12.20 hours, he got down the bus and while he was checking his bus tyres, all of a sudden at 12.30 hours, Sri M.D.Fakeer Basha and his son Sri Suresh, Srihari and other persons came from the back side of the bus and attacked with knives and iron rods resulting fracture of his right side wrist and nose. In connection with that, a case in Cr.No:84 of 2008 under section 307 I.P.C read with section 34 I.P.C was registered and after filing the charge sheet, the same was numbered as S.C.355 of 2008 on the file of the 1st Additional Assistant Sessions Judge, (FTC), Mahaboobnagar and the accused were convicted for the offence alleged against them by judgment dated 9.2.2010. It is his further case that the incident in question had occurred without any fault on his part, while discharging his duties and therefore, he is eligible for I.O.D and therefore, he made a representation dated 8.7.2010 requesting to consider I.O.D from 2.5.2008 to 22.11.2008 and the same is pending consideration before the Depot Manager. Therefore, he filed the writ petition. The learned counsel for the petitioner would submit that due to the incident in question, the petitioner underwent treatment from 2.5.2008 to 22.11.2008 and during the said period, due to the injuries sustained by him, he could not attend for duty and apart from that, the incident had occurred without any fault on the part of the petitioner while discharging his duties. Therefore, the petitioner is entitled for sanction of I.O.D and thereby, he is entitled to the salary for the said interregnum period. In the facts and circumstances of the case coupled with the fact that the representation made by the petitioner on 8.7.2010 is pending consideration before the respondent-authority, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondent to consider the representation dated 8.7.2010 in accordance with law and pass appropriate orders within a period of two (2) Weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. __________________ Justice G.Chandraiah. Date:22.11.2011 Gurc. THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:30750 OF 2011 DATE:22.11.2011