IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21353 of 1999 Between: B.Rama Krishna Reddy S/o B.C.Gurivi Reddy (Late) R/o Jammalamadugu, Cuddapah District. ..... PETITIONER AND 1 The APSRTC., rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC., Cuddapah Region, Cuddpah District. 3 The Depot Manger, APSRTC., Jammalamadugu Depot, Cuddapah 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 to issue an order or direciton more particularly one in the Nature of Writ of Mandamus delcaring the action of the respondents in Proceedings No.E4/402(128)/94-RM'C',dt.3-1-98 so far denying the wages as illegal,arbirtrary and against the principles of Natural Justice and consequently direct the respondents to pay wages for the period from 3-3-94 to 14-9-94 and from 3-9-96 to 23-1-98 (22 Months) as per fundamental rule (FR) 107(a) and consequential benefits and pass Counsel for the Petitioner:MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HON'BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No. 21353 of 1999 Order: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the respondents in passing the order dated 03.01.1998 in proceedings No.E4/402(128)/94-RM ‘C’, denying the wages for about 22 months, as illegal and arbitrary. The petitioner was appointed as a Driver in A.P. State Road Transport Corporation and was attached to Jammalamadugu bus depot. During the year 1994, some complaints were ﬁled against him that he, along with his brother, who is also working as a Driver in APSRTC, assaulted another driver on duty, and that he also caused ﬁnancial loss to the Corporation by operating a private bus as a stage carriage by obtaining permit in their father’s name. Initially, by order dated 03.03.1994, the Depot Manager, Jammalamadugu, closed the muster of the petitioner, and further, by order dated 19.05.1994, transferred the petitioner from Jammalamadugu to Rajampet. Questioning the order dated 03.03.1994, the petitioner ﬁled W.P. No. 10833 of 1994, in which, he also sought a relief for retention of his services at Jammalamadugu. Though, initially, by order dated 24.08.1994, interim orders were passed, subsequently the said writ petition was dismissed by order dated 26.06.1995. Consequent to the same, though the petitioner was relieved on 10.07.1995, he did not join duty at Rajampet, and on the other hand, he again ﬁled another Writ Petition in W.P. No. 17334 of 1995, questioning the orders passed on 19.05.1994, transferring him from Jammalamadugu to Rajampet depot. The said writ petition was disposed of by order dated 3rd September, 1996. In the aforesaid order, this Court did not interfere with the order of transfer, but merely permitted the petitioner to make a representation. Further, it appears that though this Court did not interfere with the order of transfer dated 19.05.1994, the petitioner did not join duty and he made further representations to the respondents. Responding to one of his representations, an order dated 3rd January 1998 was passed for his retention at Jammalamadugu, and the period for which he was out of duty, was ordered to be treated as leave without pay. In this writ petition, the petitioner seeks directions for payment of salary for about 22 months i.e., for the period for which he has not reported to duty. It is a clear case of unauthorized absence by the petitioner, and it is not known as to for what reasons the respondents have allowed the petitioner to work at Jammalamadugu even after several years of his transfer, by passing an order dated 3rd January 1998. As much as the petitioner did not join duty at Rajampet, consequent to the orders of transfer passed by the competent authority, it is not open for him to seek directions by way of Mandamus for payment of salary, for the period for which he did not serve the organization. In that view of the matter, I do not find any merit in the writ petition. The writ petition is devoid of merit, and it is, accordingly, dismissed. No order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 21.08.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Managing Director, APSRTC., Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC., Cuddapah Region, Cuddpah District. 3 The Depot Manger, APSRTC., Jammalamadugu Depot, Cuddapah District. 4.2CCs to 5.2CD copies Form-NIC-OGS/WP{ESWAR}