IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYSEVETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32109 OF 2011 Between: D.Subba Rayudu … Petitioner V/s. Regional Manager APSRTC Kadapa & Ors. … Respondents Counsel for the Petitioner : Sri K.Venkataramaiah Counsel for the Respondents : Smt. W.V.S.Rajeshwari The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 3 2 1 0 9 OF 2011 O R D E R : Heard the learned counsel for the petitioners and the learned standing counsel for the respondents. 2. This writ petition is filed by the petitioner seeking mandamus to declare the impugned Proceedings No. Typ/19B(43)2009-Dy.CTM-K, dated 17-8-2010 passed by the first respondent as arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently to direct the respondents to take the petitioner on duty and pay wages from the date of his representation dated 18-3-2010 and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case. 3. The case of the petitioner is that he was appointed as Driver in the respondent-corporation. While he was working in the third respondent- depot he could not attend the duties from 09-07-2006 to 28-02-2006 and from 19-04-2009 to 31-05-2009 due to formation of stones in the kidneys and took treatment from a private doctor and submitted sick certificates to the Traffic Supervisor. But the private sickness certificate was not accepted and consequently on the charges of unauthorized absence, he was removed from service vide Proceedings No.E1/1 (42) 2006-Myd, dated 21-5-2009 issued by the third respondent. Aggrieved by the same, the petitioner filed an appeal before the second respondent. While setting aside the order of removal, the second respondent ordered for reinstatement of the petitioner into service by imposing penalty of reduction of pay by one incremental stage, which will have effect on future increment vide proceedings No. ST/19B(43)/2009-DY.CTM ‘K’, dated 23-10-2009. But due to ill-health the petitioner could not report to his duty within time as per the proceedings dated 23-10-2009 issued by the second respondent. Therefore, he made a representation on 18-03-2010 to the first respondent for condoning the delay in view of his sickness. But the first respondent instead of condoning the delay, by proceedings dated 17-8-2010. Aggrieved by the same, the present writ petition is filed. 4. The learned counsel for the petitioner would submits that the petitioner was working as Driver in the respondent-corporation but due to ill- health he could not attend for duties in two spells and consequently the third respondent initiated disciplinary proceedings against the petitioner and issued proceedings dated 23-10-2009 removing the petitioner from service. Aggrieved by the same, he preferred an appeal before the second respondent. The second respondent by proceedings dated 23-10-2009 partly allowed the appeal filed by the petitioner and ordered for reinstatement into service with immediate effect. It is further ordered in the appeal that his present basic pay be reduced by two incremental stages for a period of two years, which shall have effect on his future increments. The period of absence i.e., from the date of removal to till he reports for duty on reinstatement be treated as “not on duty” for the purpose of leave, wage and increments. Further he is advised to report to the Personnel Officer, Kadapa Region, within a period of seven days from the date of receipt of the proceedings to receive further posting orders and accordingly allowed the appeal. 5. The learned counsel for the petitioner would further submit that in similar circumstances, in WP.No.19800 of 2011, wherein the petitioner therein was appointed as a conductor and he was removed from service on the ground of absenteeism and on appeal, the appellate authority ordered for reinstatement of the petitioner into service, by reducing the punishment to the one of stoppage of basic pay of two incremental stages with cumulative effect and a further condition was incorporated to the effect that the petitioner therein shall report to duty within one week. But the petitioner could not report for duty. Therefore, he made a representation and the same was rejected by the authorities on 24-5-2010. Questioning the same, the petitioner therein filed WP.No.19800 of 2011. In those facts and circumstances, this court by order dated 02-08-2011 partly allowed the writ petition as under : “Hence, the writ petition is partly allowed, modifying the order of removal dated 02-7-2007 passed by the Depot Manager, Dhone, to the one of reinstatement into service of the petitioner as a fresh candidate, without any benefits of past service. Further the service rendered by the petitioner from the date of appointment till the date of removal shall be reckoned for the purpose of terminal benefits and not for any other purpose.” 6. Following the order dated 02-08-2011 passed by this Court in WP.No. 19800 of 2011, the impugned Proceedings No. Typ/19B(43)2009- Dy.CTM-K, dated 17-8-2010 passed by the first respondent is set aside and the petitioner is reinstated into service as a fresh candidate, without any benefits of past service and further the service rendered by the petitioner from the date of appointment till the date of removal shall be reckoned for the purpose of terminal benefits and not for any other purpose and the respondents are directed to permit the petitioner for reporting to duty as a fresh candidate and pass appropriate orders within two weeks from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ---------------------------------------- JUSTICE G. CHANDRAIAH. 27-12-2011 I s L NB : C.C. tomorrow. B/o. I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32109 OF 2011 Circulation No. Date:27-12-2011 Court Master: I s L Computer No. 43