HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 1007 OF 2011 Between: The Regional Manager, APSRTC, Vijayawada Region and two others ………….Appellants AND K. Pitcheswara Rao S/o Sri Krishna Rao ………….Respondent ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Appeal is by the APSRTC against the judgment rendered by the learned Single Judge, who allowed the Writ Petition by his order dated 11.7.2003. The writ petitioner/respondent was employed as Driver with the APSRTC. He reported sick on 18.11.1992. However, the Depot Manager issued him a charge sheet on 24.11.1992 for his absence from duty. The charge sheet was returned by the postal authorities ‘undelivered’ to the petitioner as he is not available at his home town. The writ petitioner/respondent has also submitted a sick certificate vouching for his sickness from 18.11.1992. The medical certificate was issued by the Civil Assistant Surgeon of the University General Hospital, Vijayawada, vouching for illness of the writ petitioner/respondent. Inspite of this medical certificate produced by the writ petitioner/respondent, the Enquiry Officer held the writ petitioner as guilty of unauthorized absence from duty. Based upon the finding of the Enquiry Officer, the Depot Manager imposed the punishment of removal from service on 15.2.1993. Therefore, the writ petitioner carried the matter by way of appeal before the Divisional Manager (City) Vijayawada Division. After examining the medical records produced by the writ petitioner/respondent, which also disclosed that he was examined by a specialist doctor for his sickness, the appellate authority came to the conclusion that the writ petitioner should be reinstated into service subject to medical fitness. He was found medically fit and accordingly, the petitioner was reinstated back to duty. The learned Single Judge in the facts and circumstances of the case, has held that the petitioner is entitled for the benefit of continuity of service from 18.11.1982 till his reinstatement and it was also held that he was entitled to notional increments for the said period. The learned Single Judge has denied the payment of backwages for the period of his absence, obviously on the principle of “no work no pay”. When we confronted the learned counsel for the appellant, he could not justify the order of removal passed by the Depot Manager inspite of the medical sickness of the writ petitioner/appellant. We are convinced that the order of removal passed by the Depot Manager was not at all justified in the given circumstances. Therefore, the appellate authority has rightly modified the said punishment and ordered for reinstatement of the petitioner. In such circumstances, the discretion exercised by the learned Single Judge in ordering the benefit of continuity of service cannot be faulted at all. We do not see any merit in this Writ Appeal and the same is accordingly dismissed at the admission stage. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ________________________________ NOOTY RAMAMOHANA RAO, J DATE: 23.11.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.