THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No.18481 of 2010 ORDER: Heard Sri P.Govinda Rajulu, learned counsel for the petitioner, and Sri P.Sridhar Reddy, learned Standing Counsel, for the respondents. The writ petitioner was engaged as a Conductor on contractual basis by the APSRTC for working as such on its fleet attached to Vemulawada Depot. On 12.05.2009, when he received a message about ill health of his mother, he left the depot for attending on his ailing mother. However, the Depot Manager, Vemulawada passed orders on 16.06.2009 terminating his contractual engagement as a Conductor. Aggrieved thereby, the writ petitioner preferred an appeal to the Regional Manager of the Corporation at Karimnagar on 09.08.2009. The Regional Manager has conceded the said appeal and on humanitarian consideration of the cause that led to his absence, the Regional Manager took a lenient view of the absence of the writ petitioner and allowed his appeal ordering his re-engagement on contractual basis as a Conductor by securing fresh agreement from him. The writ petitioner was posted to Karimnagar-I Depot and was directed to report to duty there within seven days. However, on the ground that he has not reported to duty within seven days period specified by the Regional Manager, he was not entertained to duty. He again approached the Regional Manager by way of representation, dated 16.10.2009. Since he has not been permitted to join the duty, he has moved this writ petition. A detailed counter affidavit has been filed on behalf of the respondents in this writ petition. After narrating all the relevant facts, in para-3(f) of the counter affidavit, it is stated that since the writ petitioner has failed to report to duty before the Depot Manager, Karimnagar-I Depot, it is the writ petitioner who has to be blamed, but not the Corporation. Excepting this, no other reason is assigned as to why the services of the petitioner could not be utilized as a Conductor on contractual basis as of now. It will be relevant to notice that orders have been passed by the Regional Manager, who is the appellate authority, on 31.08.2009, to engage the services of the writ petitioner afresh as a Conductor on contractual basis. The Regional Manager has taken a compassionate view of the reasons for which the writ petitioner had abstained from duty. He has posted him as a Conductor to Karimnagar-I Depot. From the record, it is not clear as to the date on which the original orders, dated 31.08.2009, have been served/delivered to the writ petitioner, for the seven days period allowed therein to be computed from. If the writ petitioner has reported to duty before the Depot Manager, Karimnagar Depot-I, he ought to have been entertained to duty or at any rate ought to have got the matter clarified by the Regional Manager as to whether the petitioner can be engaged afresh or not. The essential reason, as could be gathered from the order passed by the Regional Manger on 31.08.2009, for re-engaging the services of the writ petitioner is that the Corporation needed the services of the Conductors for operating its fleet and since there was a justifiable reason for the absence of the writ petitioner, the Regional Manager has shown sympathy and compassion towards the cause of the writ petitioner and hence ordered for his re-engagement. Therefore, the services of the writ petitioner ought to have been utilized by re-engaging him as a Conductor on contractual basis pursuant to the orders of the Regional Manager, dated 31.08.2009. Since the same has not been done so far, and the counter affidavit also does not suggest that there is no manpower requirement as of now, it is reasonable to infer that manpower requirement of Conductors is still available at Karimanagar-I Depot. Therefore, I consider it appropriate to allow this writ petition and direct the respondents to entertain the writ petitioner to duty as a Conductor on contractual basis, provided he reports to duty before the Depot Manager, Karimnagar Depot-I on or before 06.09.2010, subject to the usual terms and conditions that are normally attached to the post of Conductors on contractual basis. Accordingly, the writ petition is allowed. No costs. ______________________________ (NOOTY RAMAMOHANA RAO,J) Dated:30.08.2010 Note: A copy of this order be dispatched to the Depot Manager, Karimnagar-I Depot, APSRTC, and Regional Manager, Karimnagar, APSRTC, latest by 01.09.2010. (b/o) VGB