DEPOT MANAGER Vs. K. KRISHNA MURTHY

JUDGEMENT

(1.) We have heard Mr. P. Durga Prasad, learned counsel appearing on behalf of Mr. K. Narsi Reddy - learned standing counsel for the appellants, Ms. S.V. Indira, learned counsel for respondents 1 to 7 and learned Govt. Pleader for Transport for respondent No.8.

(2.) Heard learned counsel for the petitioners and learned Government Pleader appearing for respondents.

(3.) Learned counsel for the petitioners submits that the petitioners were charged for the offence for furnishing fake SSC certificates, while obtaining employment and the petitioners faced trial in CC 711 of 2014 and by virtue of the judgment of I Additional Judicial Magistrate of I Class, Madanapalle, dtd. 28/9/2016, the petitioners were acquitted. In spite of the said judgment, the petitioners were not reinstated into service. The petitioners made a representation to the 1st respondent, dtd. 22/10/2016, but the said representation was not considered. The counsel relies on a judgment of the Hon'ble High Court of Judicature, Andhra Pradesh at Hyderabad in W.P No.35126 of 1998, wherein the court under similar circumstances held that "there was no justification for the corporation to deny the benefit of reinstatement into service as fresh Conductor without back wages and continuity of service to the petitioner as was done in the case of Sri P. Bheemaiah and Sri J. Laxmaiah'. The Hon'ble High court also directed that the respondents shall consider the representation of the petitioners made therein and reinstate the petitioners into services, if it is found that the petitioners were also acquitted along with the others in the said case.