TULSI RAM MISHRA Vs. STATE OF U.P. AND 5 OTHERS
LAWS(ALL)-2017-10-88
HIGH COURT OF ALLAHABAD
Decided on October 05,2017

Tulsi Ram Mishra Appellant
VERSUS
State of U.P. and 5 Others Respondents

JUDGEMENT

SANGEETA CHANDRA, J. - (1.) Heard Mr Radha Kant Ojha, learned Senior Advocate assisted by Mr Ashish Kumar Ojha, learned counsel for the petitioner and Mr Sunil Kumar Mishra, learned counsel for the respondents-U.P.S.R.T.C.
(2.) This writ petition has been filed by the petitioner challenging the order of removal from service dated 30.08.2014 passed by the Regional Manager, UPSRTC, Varanasi and the order dated 20.11.2014 passed by the Deputy General Manager (Karmik), UPSRTC, Lucknow rejecting the petitioner's appeal. A further prayer has been made for issuance of a direction in the nature of mandamus commanding the respondents not to interfere in the functioning of the petitioner as Conductor and also make payment of salary and other allowances to him as and when they fall due.
(3.) The petitioner was initially appointed as Conductor on temporary basis in the year 1981-82 in UPSRTC, and thereafter was confirmed and has been posted in District Jaunpur and was usually given route of Jaunpur to Lucknow or Kanpur. On 5.01.20111, the petitioner reported for duty at the depot in Jaunpur at 8.00 a.m. but the allotment Clerk did not allot any duty to him on the usual route i.e. Jaunpur to Lucknow or Kanpur, and he was made to sit till 5.00 p.m. In the meantime, several other contractual Conductors were asked to accompany buses from Jaunpur to Lucknow or to Kanpur. At around 5.00 p.m., the allotment Clerk told the petitioner that he had to accompany the bus going from Jaunpur to Allahabad. The petitioner protested against what he considered to be arbitrary and high handed behaviour of the Clerk, but nevertheless took the bus from Jaunpur Depot to Allahabad and came back to Jaunpur Depot and deposited the whole collection realised from the passengers to the Cash In-charge.;


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