IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5316 of 2008 Between: L.Penta Raju, S/o.Ramulu, R/o.Tirumala Street, Narasannapet, Srikakulam District. ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation, Srikakulam Region.Srikakulam , Rep by its Regional Manager. 2 Regional Manager, A.P.S.R.T.C., Srikakulam Region,Srikakulam. 3 The Depot Manager, A.P.S.R.T.C., Tekkali Depot,Tekkali, 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 will be pleased to issue an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ (i) declaring the proceedings P1/2(6)/2003-TKL dated 12-8-2004 of Depot Manager, Tekkali as illegal and arbitrary; (ii) declaring the proceedings No.Steno/19(52)/2005-DVM/SKLM dated 3-5-2005 as illegal and arbitrary; (iii) declaring the proceedings No.Peshi/19(16)/2005-RM- SKLM dated 22-6-2006 issued by the Regional Manager in so far as in not granting continuity of service (past service) as casual driver is illegal and arbitrary; and consequently direct the respondents to grant continuity of service and other benefits to which the petitioner is entitled and pass Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: MR.C.APPAIAH SARMA The Court made the following Order: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5316 of 2008 ORDER: The petitioner is employed with A.P.S.R.T.C. as a casual Driver in Palasa Depot of Srikakulam District, in pursuance of the selections made in April, 2001. His name was removed from the approved list of selected candidates vide orders dated 16.08.2003 on the ground that he caused an accident. W.P.No.5831 of 2004 filed by him was disposed of on 29.03.2004 and the order dated 16.08.2003 was set aside, leaving it open to the respondents to initiate disciplinary proceedings. Thereafter, the third respondent issued a show-cause notice and on considering the explanation, issued proceedings dated 12.08.2004 deleting the name of the petitioner. The appeal preferred by the petitioner was rejected by the Divisional Manager. The second respondent - Regional Manager, Srikakulam, considered the review filed by the petitioner and directed that the petitioner be engaged as Driver on casual basis, afresh and posted him at Palasa Depot. The petitioner submitted a representation before the Executive Director, A.P.S.R.T.C., Vijayawada and Vizianagaram Zones, M.G.B. Station, Imlibun, Hyderabad, on 26.12.2007 pointing out the grievance about the denial of the benefit of his past service. He contends that unless the past service is taken into account, he would be denied the chance of being regularized. He complains that his representation is not being considered so far. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. On the basis of the orders passed by the second respondent, the petitioner is continuing in service. He made representation dated 26.12.2007 with reference to his past service. The question as to whether the petitioner is entitled for such a relief, needs to be considered. Delay in considering the representation would have its own impact, particularly in the matter of regularization of service. Hence, the writ petition is disposed of directing the Executive Director, A.P.S.R.T.C., Vijayawada and Vizianagaram Zones, M.G.B. Station, Imlibun, Hyderabad, to pass appropriate orders on the representation dated 26.12.2007 made by the petitioner within a period of two months from the date of receipt of a copy of this order. No costs. _______________________ L.NARASIMHA REDDY, J 13th March, 2008 GHN To 1. Land Acquisition Officer, (Sub-Collector), Narsapuram, West Godavari District. 2. 2CCs to GP for Land Acquisition 3. 2CD copies Form-NIC-OGS/WP{MADHURI}