MOHAMMED YOUSUF Vs. DIRECTOR PERSONAL APSEB

JUDGEMENT

(1.) The writ petitioner seeks for a writ of certiorari to quash BP No. (P&G-Per) Rt. 313, dated 30.1.1999 passed by the second respondent and to direct the respondents to regularise the period of service of the petitioner from 8.8.1969 to 15.2.1970 as compulsory waiting period and to treat the period from 27.2.1989 till 30.4.1997 as duty period. The petitioner also seeks for a direction to treat that the petitioner retired from service on 30.4.1997 and to grant all consequential benefits treating that the petitioner retired from service on 30.4.1997. The petitioner started his career as a clerk and ultimately retired as Assistant Divisional Engineer from APSEB. He joined in 1961 in the Electricity Department. He was later deputed to APSEB and continued his career with APSEB.

(2.) The petitioner assumed charge as Section Officer-cum-Additional Assistant Engineer, North Section, Langar House, Hyderabad on 6.6.1968. The Section Office, North Section, Langar House, Hyderabad was burnt by the agitators of Telangana agitation on 4.6.1969. The petitioner brought it to the notice of the authorities. On 28.6.1969 the Divisional Engineer, Operation, Rural Hyderabad submitted a report to the Superintending Engineer, Operation, Rural Hyderabad that there was loss of property estimated at Rs. 4,759/- and that the material burnt was worth Rs. 4,669/-. Almost all the records of the Section Office were destroyed according to the report. The Divisional Engineer recommended that the lost property may be written off.

(3.) The petitioner was subsequently transferred on 19.7.1969. The petitioner submitted an application on 4.8.1969 requesting time to handover charge of the North Section in view of difficulties encountered which arose on account of the burning of the entire records of the northern section. On 19.8.1969, the Divisional Engineer instructed the petitioner to handover the section on or before the next day. The petitioner submitted further report on 23.8.1969 to grant one and a half months time to enable the petitioner to handover charge of the section. Through orders, dated 3.9.1969, the Divisional Engineer refused to grant further time and directed the petitioner to handover charge immediately. The petitioner however submitted yet another representation on 9.9.1969 to grant further time. The Superintending Engineer in the meanwhile directed the petitioner to await further orders through orders dated 23.9.1969. On 25.10.1969, the petitioner approached the Chief Engineer Electricity, Operation, Hyderabad in connection with the handing over of charge.