IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 10957 of 2004 Between: Maddu Babu Rao S/o. late Sri Byragi R/o Kaguwada village, Korasawada post, Pathapatnam Mandal SRIKAKULAM DISTRICT. ..... PETITIONER AND 1 A.P.S.R.T.C ., Rep. by its Vice Chairman and Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, A.P.S.R.T.C ., Srikakulam Region, Srikakulam District. 3 The Depot Manager, A.P.S.R.T.C ., Tekkali Depot, Srikakulam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order direction or writ particuarly one in the nature of Writ of Mandamus or any other appropriate Writ Petition declaring the action of the respondents in not considering the claim of the petitioner for reemployment as a driver in terms of circular PD-43/2000 dated 11-8-2000 as illegal and arbitrary and consequently direct the respondents to re-engage the petitioner as Driver. Counsel for the Petitioner:MR.G.VIDYASAGAR For the Respondents: Mr. Y.Vivekananda Swamy, S.C. for APSRTC The Court made the following : O R D E R : The petitioner worked as a driver in the respondents’-Corporation with effect from 17-03-1997. While he was working in that capacity, he was issued with show cause notice of termination dated 28-11-1998 mentioning that the driving licence produced by him was referred to Licensing Authority, R.T.A.-Kakinada and the said authority intimated through the proceedings dated 27-06-1998 that the driving licence produced by the petitioner was not issued in that office and it is not a genuine driving licence. On that basis, his services are not being utilized as driver. The respondents’-Corporation by virtue of an order dated 11-08-2000 issued by the Managing Director, addressed a letter dated 29-03-2001 to the petitioner to obtain a fresh heavy transport vehicle licence and intimate the same to the respondents’- Corporation duly enclosing Xerox copy of the fresh heavy transport vehicle licence for consideration of his application for recruitment as heavy motor vehicle driver in future recruitment. The petitioner submits that, he submitted a representation with the copy of heavy motor vehicle licence on 12-04-2001 and the second respondent did not take any steps. The petitioner further contends that as per the circular dated 11- 08-2000 he is eligible to be considered for re-employment. He therefore approached this Court seeking a direction to the respondents’-Corporation to consider his case in the light of the circular dated 11-08-2000 and take him into service by way of re- employment. 2. Since the petitioner is asserting that he is having heavy motor vehicle driving licence, and as he made a representation on 12-04-2001, the respondents 2 and 3 are directed to consider the representation of the petitioner for re-employment and pass appropriate orders within eight weeks from the date of receipt of copy of this order according to rules and the circular dated 11-08-2000 and communicate the same to the petitioner. 3. The Writ Petition is accordingly disposed of. No order as to costs. __________________ 03-08-2004 ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1 The Vice-Chairman and Managing Director, A.P.S.R.T.C ., Musheerabad, Hyderabad. 2 The Regional Manager, A.P.S.R.T.C ., Srikakulam Region, Srikakulam District. 3 The Depot Manager, A.P.S.R.T.C ., Tekkali Depot, Srikakulam District. 5. 2 CD Copies. Ccm/Rns