HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.3783 of 2008 Dated 6.6.2011 Between: N.D.Ramaiah. …Petitioner. And: The Government of A.P. represented by its Principal Secretary, Revenue (Endts.III) Department, Secretariat, Hyderabad and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.3783 of 2008 ORDER: This writ petition is filed seeking to issue an order or orders more in the nature of writ of mandamus directing the respondents to transfer/repatriate the petitioner from A.P.S.R.T.C. Tirupati to Tirumala Tirupati Devasthanam Transport Department as Bus Driver as per G.O.Ms.No.568, Revenue (Endowments-III) Department, dated 23.6.1993 and also letter of Chairman, Tirumala Tirupati Devasthanam, dated 24.10.2006 and consequently declare the action of the respondents in not transferring/repatriating the petitioner from A.P.S.R.T.C. Tirupati to Tirumala Tirupathi Devasthanam Transport Department, as illegal and arbitrary and contrary to the G.O.Ms.No.568, Revenue (Endowments-III) Department, dated 23.6.1993. The case of the petitioner, in brief, is as follows: The petitioner is an ex inmate of S.V.Balamandir under the control of Tirumala Tirupathi Devasthanam. Since he was ex inmate of the said Balamandir, he was appointed as a cleaner in 1972 and was confirmed as cleaner from 12.7.1974 in the Tirumala Tirupati Devasthanam Transport Department, Tirupati. He was allowed to work upto 9.8.1975 in the Tirumala Tirupati Devasthanam. Subsequently, as per the agreement entered into on 8.8.1975 between the Executive Officer, Tirumala Tirupati Devasthanam, Tirupati and also General Manager, APSRTC, Hyderabad, the services of certain Tirumala Tirupati Devasthanam Transport workers of various categories including the petitioner then working as cleaner were transferred to the control of APSRTC from 10.8.1975 on certain terms and conditions stipulated in the said agreement. Petitioner worked as cleaner in APSRTC from 10.8.1975 and after putting some years service, he was promoted as Bus Driver on 21.5.1981 and from that date, he has been working as Bus Driver in APSRTC. Soon after transfer to APSRTC and after putting some service for a considerable period, the erstwhile TTD Transport Workers began to represent to take them back to the TTD Transport Department Service as and when vacancies arise in the TTD Transport Department. This issue was placed before the TTD Board of Trustees for a decision. The TTD Board in its resolution No.496, dated 19.9.1991 appointed a Committee to go into the matter and suggest a suitable action. The Board, on consideration of the facts, passed resolution No.830, dated 20.1.1992, wherein it was agreed to, in principle, to take back the erstwhile TTD Transport Workers working in APSRTC in Drivers’ Category. Accordingly, the Government of Andhra Pradesh, Hyderabad, was addressed in this regard. Thereupon, the Government issued G.O.Ms.No.568, Revenue (Endowments – III) Department, dated 23.6.1993 and orders, permitting the Executive Officer, TTD,Tirupati to take back 21 senior drivers from the APSRTC, from among the 520 erstwhile TTD Transport workers transferred to APSRTC and still in service, if TTD decides to fill up the vacancies and the Executive Officer, TTD was requested to take action accordingly. By that time, several erstwhile TTD Transport Department Drivers, working in APSRTC retired from service, opted for voluntary retirement or died prematurely due to ill health and that there were only limited number of strength in the Drivers’ category, who desired to come back to the service of TTD Transport Department, Tirupathi. On the basis of the proposals of the Executive Officer, TTD, approval of the Board of Trustees in resolution No.830, dated 20.1.1992 and in pursuance of the orders of the Government of Andhra Pradesh in G.O.Ms.No.568 dated 23.6.1993, the cases of 21 senior drivers working in APSRTC were finalized to take them back to the TTD Transport Department Service to act as Drivers on TTD Vehicles. In pursuance of proceedings in ROC.No.TL4- 13875/91, dated 11.5.1994 and 25.5.1994 of the Executive Officer, TTD, Tirupati, 21 erstwhile TTD Transport Department drivers reported for duty to work as drivers in the TTD Transport Department, Titrupati. Previously, a joint petition dated 24.6.1995 was submitted to the Executive Officer, by the Ex.-inmates of S.V.Balamandir, working as Drivers in APSRTC, to consider their request for their transfer to the TTD Transport Department, upon which the Executive Officer, TTD was pleased to order for circulation of the file. Subsequently, another copy of the same representation dated 24.6.1995 was submitted by the two inmates of S.V.Balamandir, stating that they were originally appointed in the TTD Transport Department and subsequently, they were transferred to APSRTC and were now working as Bus drivers in APSRTC and that they were put to hardship financially, socially and personally on account of instructing them to work in APSRTC. On the said representation, the Executive Officer, TTD was pleased to pass orders on 4.4.1996 as under: “Let us make out a case in favour of B.-Mandir inmates”. However, no specific orders were passed on the request of the said inmates of S.V.Balamandir, and now working as Bus drivers in APSRTC, to take them back to the TTD Transport Department, Tirupati.” There are several vacancies in the category of drivers in the service of TTD Transport Department. The General Manager TTD Transport Department has sent a letter dated 20.2.2004 to the Regional Manager, APSRTC, Tirupati stating that TTD Trust Board in its resolution 336 dated 28.8.2003 has approved to engage 15 Ex.TTD Drivers from APSRTC who have still 4 years of service and one willing to work in TTD on repatriation. The General Manager, TTD Transport also addressed a letter, dated 23.5.2006 to the Additional Secretary Revenue (Endts.III) Department, Government of A.P. wherein it was stated that the petitioner is eligible for repatriation to TTD and requested the Government to take necessary action for transfer of the petitioner to TTD. The Chairman, Tirumala Tirupati Devasthanam Board addressed a letter dated 24.10.2006 to the Government requesting to take necessary action for transfer of the petitioner as Bus Driver from APSRTC to TTD. The Government by its Memo No.56863/Endts.III/A2/2006-1, dated 29.1.2007 requested the Executive Officer, TTD to send a detailed report for taking further action. In spite of much correspondence between the Government and TTD for transfer of the petitioner from APSRTC, Tirupati to TTD Transport Department as Bus Driver, no action was taken for transfer of the petitioner. Hence, this Writ Petition. Respondents 2 and 3 filed a counter denying the material allegations made in the affidavit filed by the writ petitioner in support of the writ petition. 4th respondent-Regional Manager, APSRTC filed a counter affidavit denying the material allegations made in the affidavit filed by the writ petitioner in support of the writ petition. It is submitted in the Counter affidavit filed by the 4th respondent that the TTD obtained sanction from the Government of Andhra Pradesh to take back 21 senior most drivers working in APSRTC to meet their needs vide G.O.M.S.No.568 dated 23.6.1993 and accordingly, 21 senior most Ex.TTD drivers who have not opted to APSRTC service conditions were repatriated to TTD and the turn of the petitioner had not come yet since the petitioner being the junior most. It is further submitted that in the 2nd instance after long gap of 10 years based on the resolution passed by the TTD Board vide resolution dated 336 dated 27.8.2003, the General Manager, TTD Transport has addressed a letter dated 30.9.2003 requesting to obtain and forward the willingness letters of eligible Ex.TTD drivers working in APSRTC and who have minimum 4 years left over service for the purpose of obtaining sanction of the Government of A.P. for their repatriation to TTD. The Executive Officer, TTD, Tirupati vide his Memo dated 10.4.2008 has informed that the Government while forwarding a representation of the petitioner regarding the transfer of the petitioner to TTD has requested a detailed report in the matter and accordingly, the matter was placed before the Board of TTD and the Board has resolved in its resolution No.30 dated 13.4.2006 that the services of Ex.TTD Drivers from APSRTC to TTD on repatriation are not necessary and the same was already informed to the Government. In this connection, it was also informed to the petitioner that his request for transfer to TTD from APSRTC could not be considered as the TTD Board has already taken a decision that the services of Ex.TTD Drivers from APSRTC to TTD on repatriation are not necessary vide its resolution No.30 dated 13.4.2006 and the same was also informed to the Government of A.P. vide Roc.No.83/18466/2005 dated 1.7.2007. Hence, the 4th respondent seeks to dismiss the writ petition. Heard the learned counsel and perused the material available on record. On 25.2.2008, this Court while admitting the writ petition, granted interim direction to the respondent which reads as follows: “There shall be interim direction to the respondent to consider the case of the petitioner for transfer/repatriation to the Transport Department of Tirumala Tirupathi Devasthanam from A.P.S.R.T.C., Tirupathi, as per G.O.Ms.No.568 Revenue (Endowments-III) Department, dated 23.6.1993, and the letter, dated 24.10.2006, of the Chairman, Tirumala Tirupathi Devasthanam, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.” The subject matter pertains to the aspect of transfer. On 25.2.2008, there is direction in W.P.M.P.No.4944 of 2008 to consider the case of the petitioner. On the ground that the respondent failed to comply with the said order, the petitioner is stated to have filed a Contempt Caste and ultimately, the said C.C. is closed. In that view of the matter, on 27.4.2011, this Court directed to post the matter after Summer Vacation 2011. Hence, this matter is listed to today. Learned counsel for the petitioner contended that as per G.O.Ms.No.568, Revenue (Endowments-III) Department, dated 23.6.1993, 21 senior drivers have been taken back from A.P.S.R.T.C. to the TTD Transport Department Service. It is further contended that the petitioner alone is representing that he is an Ex.inmate of S.V.Balamandir, TTD, Tirupati, appointed originally to work in TTD Transport Department, and now on transfer working as Bus Driver in APSRTC, Tirupati and that he represented to repatriate his services to the TTD Services and on which the Government of A.P. called for a report from the Executive Officer, TTD. Further, the General Manager, TTD Transport Department has addressed a letter dated 20.2.2004 to the Regional Manager, APSRTC Tirupathi to engage 15 Ex.TTD Drivers from APSRTC who have still 4 years of service and one willing to work in TTD on repatriation. The General Manager, TTD Transport also addressed a letter dated 23.5.2006 to the Government stating that the petitioner is eligible for repatriation to TTD and the Chairman, TTD Board also addressed a letter to the Government in this regard. In spite of much correspondence between the Government and TTD for transfer of the petitioner, no action is being taken so far. Hence, the learned counsel for the petitioner seeks to transfer/repatriate the petitioner from APSRTC to TTD Transport Department as Bus driver in terms of G.O.Ms.No.568 dated 23.6.1993 and letter of Chairman Tirumala Tirupati Devasthanam dated 24.10.2006. On the other hand, on behalf of the respondents, it is contended that the TTD obtained sanction from the Government of Andhra Pradesh to take back 21 senior most drivers working in APSRTC to meet their needs vide G.O.M.S.No.568 dated 23.6.1993 and accordingly, 21 senior most Ex.TTD drivers who have not opted to APSRTC service conditions were repatriated to TTD and the turn of the petitioner had not come yet since the petitioner being the junior most. It is pertinent to note that the subject matter pertains to the aspect of transfer. On 25.2.2008, there is direction in W.P.M.P.No.4944 of 2008 to consider the case of the petitioner. On the ground that the respondent failed to comply with the said order, the petitioner is stated to have filed a Contempt Case and ultimately, on 22.8.2008, in C.C.No.844 of 2008, this Court held as follows: “It is suffice to notice that the respondents have passed orders dated 10.4.2008 considering the case of the petitioner as per the directions of the Court and also as per the letter addressed by the Chairman dated 29.6.2006. In view of the above, nothing survives in the contempt case for further adjudication. Therefore, the contempt case is closed.” In this view of the matter and in view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to transfer/repatriate the petitioner from APSRTC, Tirupathi to Tirumala Tirupati Devasthanam Transport Department as Bus driver as per G.O.Ms.No.568, Revenue (Endowments-III) Department dated 23.6.1993 and also letter of Chairman, Tirumala Tirupati Devastanam dated 24.10.2006, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. ________________________ Justice G.CHANDRAIAH Dated 6.6.2011. Dvs Note: Issue C.C. by today. B/O AVS HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.3783 of 2008 Dated 6.6.2011