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2025 Supreme(Online)(Tel) 37150

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
A.Narsimha E.255907 – Appellant
Versus
The APSRTC. – Respondent
WP 36150/2014



THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.36150 OF 2014

O R D E R :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in not paying the unpaid period wages from the date of medical retirement to till the date of reinstatement i.e., from 07-08-2009 to till 10-01-2013 (41 Months) as illegal, arbitrary, and violation of Art.14 and 16 of the Constitution of India, consequently direct the respondents to pay the unpaid period wages from the date of medical retirement to till the date of reinstatement i.e., i.e., from 07-08-2009 to till 10-01-2013 (41 Months) in the light of the law laid down in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and also law laid down reported in 2011(1) ALD page 823 that the petitioner’s seniority be counted in the conductor cadre right from the date of declaring the petitioner unfit for the purpose of promotion, and pass such other order or orders as this Hon’ble Court deem fit and proper and to pass…”

2. Heard Sri Venkateswerllu Kasamsetty, learned counsel for the petitioner and Sri Panakanti Satish Kumar, learned Standing Counsel for TGSRTC appearing for respondent Nos.1 to 4.

3. The brief facts of the case are that initially, the petitioner is appointed as conductor in the respondent Corporation on 01.10.1991. Subsequently, the petitioner is retired from the service in the year 2009 on medical grounds. Thereafter, the petitioner had filed a writ petition No.27994 of 2012 and this Court granted interim direction on 07.09.2012 in W.P.M.P.No.35670 of 2012 as follows:-

“There shall be an interim direction as prayed for subject to the condition that the petitioner refunds the monetary benefits received upon his retirement.”

In compliance with said interim order, the petitioner was provided an alternate employment as a shramik on 10.01.2013 with the 4th respondent and the petitioner continues to work till today.

4. Learned counsel for the petitioner submits that the respondent authorities are not paying the unpaid period wages from the date of medical retirement to till the date of reinstatement i.e., from 07.08.2009 to till 10.01.2013 and also seeks that the petitioner’s seniority be counted in the conductor cadre right from the date of declaring the petitioner as unfit for the purpose of getting promotion. During the pendency of the writ petition, the petitioner submitted a representation dated 25.08.2025 in respect of the same and prays this Court to pass direction to the respondents to consider the representation dated 25.08.2025 and pass appropriate orders in accordance with law.

5. Learned counsel for the respondents submits that they would consider the representation dated 25.08.2025 in light of the circular dated 19.06.2019 and orders passed by the Apex Court in Civil Appeal No.3529 of 2017 and batch dated 23.02.2017 and pass appropriate orders in accordance with law.

6. In view of the submissions made by the learned counsel for the respective parties, without going into the merits of the case, the respondent authorities are directed to dispose of the representation dated 25.08.2025 submitted by the petitioner and pass appropriate orders in accordance with law, within a period of eight (08) weeks from the date of receipt of copy of this order.

7. With the above observations, this writ petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________________________

NAMAVARAPU RAJESHWAR RAO, J Date: 20.11.2025 BJ/NIT THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.36150 OF 2014 Date : 20.11.2025 BJ/NIT

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