THE HONOURABLE SMT. JUSTICE P.SREE SUDHA WRIT PETITION No. 16982 of 2014

ORDER:

This writ petition is filed to declare the action of respondent No.2 in not considering the petitioner last representation dated 07.03.2013 not giving continuity of service to the petitioner as illegal and to direct the respondent to consider the case of the petitioner by duly giving continuity of service by disposing of the petitioner’s last representation dated

07.03.2013.

2. Heard both sides. Perused the record.

3. Petitioner stated that initially he was appointed as driver in the year 1988 at Tirupathi and he was transferred to Mahabubnagar at Gadwal Bus depot in the year 1994 and later to Narayanpet bus depot. While he was working at Wanaparthy depot, he suffered with leg septic injury and got admitted at Tarnaka Hospital, Hyderabad and after recovering, he was absent for duties for five days and the depot Manager, Wanaparthy terminated him from service. Aggrieved by the same, he filed an appeal before respondent No.2 and considering his case and reinstatement of service, he was posted at Narayanpet depot on 11.10.2002. After working for a period of two months, due to the earlier leg injury he was absent for duties for one week and the same was intimated by way of leave letter and without considering the same, he was removed from service in the year 2003. After recovery of ill- health, he made an appeal before respondent No.2 and the same was not considered properly and appointed him as a fresh driver-II on regular basis on 10.11.2010. He gave number of representations and his last representation dated 07.03.2013 is still pending. Therefore, requested the Court to give continuity of service.

4. In a counter filed by respondents, they have given the details of punishment imposed upon the petitioner during his entire career of 14 years service and it was further stated that matter was referred to lok adalat and he was reinstated into service as fresh driver on regular basis on 29.10.2010, as such his request for inclusion of increments and back wages is not considered. He was reinstated into the service as fresh driver on regular basis as agreed by both parties, as such he is not entitled for past service, increments and back wages as requested by the petitioner.

5. Learned counsel for petitioner requested for continuity of service on the ground that he was retired from the service and further requested to consider the continuity of service. Petitioner was removed from the service and he was reinstated as per the agreement by both sides. Therefore, the question of granting continuity of service, back wages does not arise. Therefore, the writ petition is devoid of merits and is liable to be dismissed.

6. In the result, this writ petition is dismissed. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________ P. SREE SUDHA, J Date: 15.04.2025 CHS