THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.33440 of 2011 DATED:29.12.2011 BETWEEN R.Bhadraiah …PETITIONER AND Andhra Pradesh State Road Transport Corporation and others. …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.33440 of 2011 ORDER: This Writ Petition is filed seeking to quash the proceedings, dated 11.06.2010 whereby the petitioner was removed from service as well as respondent No.2’s proceedings, dated 22.11.2011, in so far as imposing the punishment of deferring two years increments of the petitioner which shall effect on future increments besides treating the out of service period as not on duty for all purpose and not granting the back wages, attendant benefits for the removal period, as arbitrary and illegal and consequently to direct the respondents to treat the out of service period of the petitioner as duty period with wages along with all consequential benefits. 2. In the affidavit filed in support of the Writ Petition it is stated that the petitioner was appointed as Driver in respondent-Corporation on 25.01.1992 under displaced employees’ quota. While so, on 11.06.2010, respondent No.3 vide its order, dated 11.06.2010, removed the petitioner from service. Being aggrieved by it, he preferred an appeal before the appellate authority, Mahabubnagar, who in turn dismissed the appeal vide order, dated 30.06.2011. Aggrieved by the said orders, he filed W.P.No.21703 of 2011 before this Court. This Court by order, dated 11.10.2011 directed respondent No.3 as well as the Deputy Chief Traffic Manager to appear before this Court on 18.10.2011 on the ground that the orders are based on untenable grounds. Therefore, the two Officers and their Standing Counsel have represented and advised to prefer revision before respondent No.2, who will consider the case favourably. Hence, this Court directed the petitioner to prefer revision before respondent No.2 within seven days from the date of order. Thereafter, the petitioner preferred revision petition on 24.10.2011 before respondent No.2. Thereupon respondent No.2 passed the impugned order, dated 22.11.2011, directing him to report for duty before respondent No.4 and accordingly, he reported to duty at respondent No.4 depot. The petitioner submitted that respondent No.2 had failed to appreciate that when this Court was about to grant the relief of reinstatement with continuity of service and other benefits without any punishment as granted in similar set of facts by this Court in W.P.No.17026 of 2011, the respondent –Corporation advised him to prefer revision. Therefore, the action of respondent No.2 in treating the out of service period as not on duty, deferring increments for (2) years with cumulative effect and not granting the back wages is illegal. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that the order passed by respondent No.2 which is impugned in this Writ Petition is arbitrary and illegal and unjust; that in judgment of this Court in W.P.No.17026 of 2011, this Court had set aside the impugned order passed therein for absence of 9 days by reinstating the petitioner therein forthwith with continuity of service, with imposition of punishment of non-entitlement of any other monetary benefits. 4. On the other hand, learned Standing Counsel for the respondents contended that since the petitioner was absent from duty for the relevant period without any intimation to the authorities, the punishment was imposed. 5. The impugned order, dated 22.11.2011 passed by respondent No.2, which reads as under: “In this case the action taken by the Depot Manager, Shadnagar by removing petitioner from service and rejection of appeal by Deputy Chief Traffic Manager, Mahabubnagar are also proper and justified. The facts explained by the petitioner in his review appeal are not accepted, however a lenient view is taken purely on humanitarian grounds as this is first time he was removed from service in absenteeism case, hence, I am inclined to give him a chance to serve the Corporation in better way. Also in view of direction of Hon’ble High Court of A.P. in W.P.No.21703 of 2011, as informed by the SLO Vide reference 4th cited, the removal orders passed by the Depot Manager, Shadnagar are set aside and reinstated the petitioner into service. As a measure of punishment his Annual Increment deferred for a period of (2) two years which shall have its effect on his future increments. The period from the date of removal to till he reports for duty is treated as Not On Duty for at purposes. He shall be taken on duty and after performing on duty, he must be directed fresh medical examination for A-1 category at APSRTC Tarnaka Hospital, Hyderabad. He has to pay fresh security deposit as per the circular instructions. On reinstatement into service, the petitioner is posted to Narayanpet Depot”. 6. Learned counsel for the petitioner submits that the petitioner was absent only for 5 days for a just cause that he was attending her sister. That absenteeism is not actually an absenteeism. The petitioner intimated to the respondent authorities, but the same was not considered, which was stated by the petitioner in his explanation. However, in similar circumstances, this Court taken a view by order, dated 07.07.2011 in W.P.No.17026 of 2011, wherein the operative portion is as under: “In view of the fact that the period of absence is negligible i.e. misconduct proved is only absence of a period of 9 days, the impugned order can be set aside by reinstating the petitioner forthwith with continuity of service, with imposition of punishment of non-entitlement of any other monetary benefits”. 7. Following the same, this Writ Petition is allowed setting aside the impugned order, dated 22.11.2011 and consequently with imposition of punishment of deferring two years increment without cumulative effect and treating the period not on duty as on duty without any monetary benefits. There shall be no order as to costs. __________________________ JUSTICE G.CHANDRAIAH DECEMBER 29, 2011 YVL THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.33440 of 2011 DATED:29.12.2011 YVL