K SYAM SUNDER Vs. A P S R T C
LAWS(APH)-2008-7-130
HIGH COURT OF ANDHRA PRADESH
Decided on July 17,2008

K.SHY AM SUNDER Appellant
VERSUS
APSRTC, MUSHEERABAD, HYDERABAD Respondents


Referred Judgements :-

HABEEB SAHEB P VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
G. SAMBASIVARAO V. A.P.S.R.T.C. [REFERRED TO]
K C NARAYANA VS. MANAGING DIRECTOR APSRTC [REFERRED TO]


JUDGEMENT

- (1.)HEARD both the Counsel.
(2.)THIS writ petition is filed for a writ of mandamus calling for the records relating to the office Order No. PA/20 (198)/2000-HCR dated 12. 9. 2001 issued by the 2nd respondent - The Regional Manager, apsrtc, Hyderabad City Region, JBS picket, Secunderabad and set aside the same as illegal and arbitrary and further direct the respondents to implement the Proc. PA/ 20 (198)/2000-HCR dated 18. 1. 2001 without imposing the condition of giving in writing about acceptance of the conditions imposed in the said proceedings dated 18. 1. 2001.
(3.)THE case of the petitioner, as stated in the affidavit filed in support of the writ petition, is that, he was appointed as conductor in the Andhra Pradesh State road Transport Corporation (for short 'the corporation') and by proceedings No. P3/ 1 (3)/2000-MSRD dated 18. 5. 2000, he was removed from service and he preferred appeal and the same was rejected by proceedings No. APA/19 (89)/2000-DVM-CR dated 11. 9. 2000 and aggrieved by the same, he preferred a review and the 2nd respondent - Regional Manager by proceedings No. PA/20 (198)/2000-HCR dated 18. 1. 2001 ordered reinstatement afresh with certain conditions and the condition no. 5 in the said proceedings is to the effect that he shall give in writing that the terms and conditions are acceptable to him. Pursuant to the proceedings dated 18. 1. 2001 issued by the 2nd respondent - Regional Manager, the Divisional Manager, Sanathnagar Division, by proceedings No. P2/255 (7)/2001-SNG dated 17. 4. 2001, posted the petitioner to medchal Depot with the conditions stipulated in the proceedings of the 2nd respondent dated 18. 1. 2001 and pursuant to the said proceedings, the petitioner submitted representations dated 1. 5. 2001 and 2. 7. 2001 expressing him willingness to join duty, reserving his right to claim for service benefits. The 2nd respondent without any notice to the petitioner, issued proceedings in Order No. PA/20 ( 198)72000 HCR dated 12. 9. 2001, cancelling the earlier proceedings dated 18. 1. 2001. Thereafter, the Depot manager, APSRTC, Musheerabad Depot vide Lr. No. P3/l (03)/2000-MSRD dated 23. 11. 2001, advised the petitioner to attend the office and submit claim forms, in connection with settlement of accounts within seven days of the receipt of the letter and in default necessary action will be taken, deeming that he is not interested in settlement of accounts and as the petitioner was interested in the job, he has not preferred to settle his accounts. Now aggrieved by the proceedings dated 12. 9. 2001 issued by the 2nd respondent, the present writ petition is filed.
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