B. RAMA DEVI Vs. APSRTC

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India seeking the following relief:-

(2.) Brief facts of the case are as follows: -

(3.) The respondents filed a counter-affidavit stating that the petitioner was appointed as Traffic Assistant in the respondent-corporation under Sports Quota on 10/12/1991. Subsequently, her services were utilized as Typist on consolidated pay with a condition that her services shall be considered for regularization only after acquiring the qualification in Type-writing Higher Grade. The contract period had been extended from time to time upto her appointment as Typist on regular basis. She was appointed as Typist (Lower Grade scale) with probationary rights against supernumerary post by exempting from passing proficiency test in Type-writing by the Vice-Chairman and Managing Director. She was removed from service by the respondent-corporation on 17/8/2006 in an absenteeism case. On her appeal, the Executive Director, Vizianagaram, by order dtd. 6/7/2007 reinstated the petitioner into service and imposed the punishment of stoppage of two annual grade increments with cumulative effect. Later, on her representation, she was granted E.O.L. for a period of one year w.e.f. 26/9/2008 to 25/9/2009. In the meantime, the petitioner had submitted resignation letter to the Regional Manager, NECR, Vizianagaram, dtd. 21/8/2009 and it was accepted. After lapse of three months, the petitioner made a representation requesting to withdraw her resignation, which was already accepted by the respondent-corporation. Based on her representation, the Regional Manager, NEC Region, Vizianagaram, had withdrawn the orders of resignation and directed the Deputy Chief Personnel Manager, Vizianagaram, to re-appoint her. As per his orders, the petitioner was re-appointed as Typist afresh in terms of Regulation 7(a) and (b) of APSRTC Employees (Service) Regulation, 1964 and posted at Gokavaram Depot. As per the said Regulation, the petitioner is not entitled for any portion of her past service.