IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.411 OF 2010 DATED:03.6.2010 Between: Petta Prasad … Appellant And The Regional Manager, A.P.S.R.T.C., Vijayawada and another … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.411 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) The appellant’s unauthorized absence from duties resulted in initiation of enquiry, followed by a charge sheet but in his own wisdom he chose not to respond and participate, resultantly an ex parte enquiry, culminating in an order of removal from service dated 24-2-1999 which was appealed against before the Regional Manager. The appeal was allowed by order dated 28-7-1999 with a direction for his reinstatement but could not take effect because he did not join the duty and filed a Writ Petition No.7299 of 2005 under the guise of lack of knowledge of disposal of the appeal notwithstanding the fact that he had prosecuted the appeal and was heard in person by the appellate forum. Minute details of his failure to join duty need not detain us because there is no dispute about resumption of duties by him of course after a delay of more than half-a-decade. It is manifest that he remained contented with the order, however one fine morning he invoked the jurisdiction of the writ court for benefits of the past service but the writ court declined relief among other things on the ground that the appointment against the post of a Driver was offered to the appellant as a fresh entrant to the service who accepted the appointment, accordingly acted upon and received the benefits of the order of appointment as a fresh appointee for a period of two years without any objection whatsoever. Apart from that admittedly he has approached the writ court after lapse of two years without any explanation, much less satisfactory one. In the given circumstances, he cannot escape the fall out of the laches. Viewed thus, appeal fails and is dismissed. The learned Counsel for the appellant has made reference to the judgment in N. Balakrishna v. Security Officer, A.P.S.R.T.C.[1] , perusal whereof reveals that it was a case where the employee had proceeded on medical leave on the basis of a medical certificate which was disbelieved by the authorities. Dealing with the situation, it was held that appropriate course in such a case was to refer him to the medical board but reference to medical board in the case on hand being irrelevant the judgment is not attracted. Dismissed. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 03-6-2010 B. Narsinga Rao [1] 2003 (3) ALT 96