APHC010699472018 IN THE HIGH COURT OF ANDHRA PRADESH [3368]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 33749/2018 Between:

1. K.G. SEKHAR, S/O.K. RAMACHANDRAIAH, AGE. 47 YEARS, OCC. DRIVER, E.NO.552956, R/O. SANYASIPALLI, KALAVAGUNTA POST, PENUMURU MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. THE A P STATE ROAD TRANSPORT CORPORATION, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, RTC HOUSE, PANDIT JAWAHARLAL NEHRU CENTRAL BUS STATION, VIJAYAWADA, ANDHRA PRADESH.

2. THE REGIONAL MANAGER, APSRTC, TIRUPATI REGION, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH.

3. THE DEPOT MANAGER, APSRTC, TIRUMALA DEPOT, TIRUMALA TIRUPATHI, CHITTOOR DISTRICT, ANDHRA PRADESH.

4. THE MEDICAL BOARD, REP. BY ITS SUPERINTENDENT (ADMINISTRATION), APSRTC, APSRTC HOSPITAL, TARNAKA, HYDERABAD.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus I) declaring the action of the 4th respondent in declaring the petitioner as unfit to the post of Driver in A-1 category and also unfit forall other categories vide Supdt(Admn) APSRTC Hospital Tarnaka Lr.No.SP/19(M.B-8)/2015-TH, dt.09-12-2015 and the further action of the 3rd respondent, in furtherance of the letter dt.09-12-2015 of the 4th respondent, in making the petitioner to retire from service by declaring him as medical unfit to the post of Driver in A-1 category and also unfit for all other categories vide Office Order No.P1/468(02)/2015-TML,dt.20- 12-2015 as illegal, arbitrary, mala fide, discriminatory, unjust, non application of mind, contrary to the doctrine of legitimate expectation, misfeasance, malfeasance, nonfeasance, colorable exercise of powers besides violative of the Arts.14, 16 and 21 of the Constitution of India and ii) consequently, set aside the same and also direct the respondents to consider the candidature of the petitioner for providing alternative employment expeditiously duly providing all incidental and consequential monetary as well as service benefits and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider the representation dt.18-08-2018 of the petitioner and pass appropriate orders therein and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Vacate the Interim order dated 20.09.2018 in I.A.No. 1 of 2018 in W.P.No.33749 of 2018 and dismiss the writ petition as devoid of merits and to pass Counsel for the Petitioner:

1. PEETA RAMAN Counsel for the Respondent(S):

1. ARAVALA RAMA RAO

2. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.33749 of 2018

ORDER:

The present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

“…issuance of a writ, order, or direction, more particularly a writ in the nature of Mandamus, (i) declaring the action of the 4th respondent in declaring the petitioner as unfit for the post of Driver in A-1 category and also unfit for all other categories, vide Supdt. (Admn.) APSRTC Hospital, Tarnaka, Lr. No. SP/19 (M.B-8)/2015- TH, dated 09.12.2015, and the consequential action of the 3rd respondent, in furtherance of the said letter dated 09.12.2015, in retiring the petitioner from service on medical grounds by declaring him unfit for the post of Driver in A-1 category and also unfit for all other categories, vide Office Order No. P1/468(02)/2015-TML, dated 20.