HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 408 OF 2006 Between: K. Damodar S/o Narsimlu ………….Petitioners AND The Depot Manager, APSRTC, Sangareddy Bus Depot ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) Challenging the order-dated 16.02.2006 passed in Writ Petition No. 23314 of 2005 by the learned single Judge of this Court, the present Writ Appeal is filed. Brief facts of the case are that the appellant was appointed as Booking Clerk in 1973 and was posted as Conductor in the year 1974, and subsequently from 1977 to 1987 he worked as Typist, and was promoted as Senior Assistant (Personnel) in 1987. He worked as such till 16.10.2005. He made an application on 12.7.2005 opting for voluntary retirement due to ill health and the same was accepted by the respondent-APSRTC by issuing notification-dated 19.9.2005, effective from 17.10.2005. It is stated that the respondent by order dated 17.10.2005 placed the appellant under suspension alleging that he tampered with the acknowledgment dated 21.9.2005 as 24.9.2005 in Case No. P-2/1(31)/2005-SRD dated 14.9.2005 being the custodian of the file, which constitutes misconduct under Regulation 28 (xxx) of the APSRTC Employees (Conduct) Regulations, 1963 and charge sheet was also issued on the same day calling for his explanation within seven days. Challenging the same, the appellant filed Writ Petition and a learned single Judge of this Court while issuing notice before admission on 3.11.2005 granted interim suspension as prayed for. Subsequently, the Writ Petition was admitted on 8.12.2005 treating the above order as interim order passed in WPMP NO. 29890 of 2005. After that, it is stated that the respondent issued letter-dated 7.12.2005, which reads as under: “…you are hereby advised to attend for duty immediately…” As the issuance of letter dated 7.12.2005 amounts to violation of the interim order passed by the Court on 3.11.2005, the appellant filed Contempt Case. The learned single Judge of this Court dismissed the Writ Petition and closed the Contempt Case directing the respondents to complete the enquiry initiated against the appellant within a period of two months from the date of receipt of a copy of the order. Aggrieved by the same, the present Writ Appeal is filed. The learned counsel appearing for the appellant submits that the learned single Judge failed to see that the proceedings dated 19.9.2005 were never recalled, modified, cancelled or set aside by the APSRTC nor there was any subsequent proceedings extending the service of the appellant beyond 17.10.2005. On the other hand the learned Standing Counsel for APSRTC, appearing for respondents submits that the order passed by the learned single Judge is quite reasonable and there are no grounds to interfere with the same. Heard the learned counsel appearing for both sides and also perused the material made available on record. As seen from the record, the appellant worked as Senior Assistant (Personnel) till 16.10.2005 and due to ill health, he made an application on 12.7.2005 opting for voluntary retirement, which was accepted by the respondent by issuing notification dated 19.9.2005, effective from 17.10.2005. After that, the respondent issued another letter dated 7.12.2005 advising the appellant to attend for duty immediately. When once the voluntary retirement was accepted by the respondent by issuing notification dated 19.9.2005 effective from 17.10.2005, the appellant was no more an employee of the respondent. Therefore, the learned single Judge has failed to consider this crucial aspect and denied the retiral benefits. In the above facts and circumstances of the case, the order passed by the learned single Judge is quashed and the Writ Appeal is disposed of directing the respondent-APSRTC to pay the retiral benefits to the appellant within a period of four weeks from today. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 03.08.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.