N. PARVATHALU Vs. APSRTC

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a Writ of Certiorari to quash the impugned order of removal from service issued in Proceedings No.P1/1(7)/2007-KLKY dt.12/3/2007 and the order of the 3rd respondent issued in Proceeding No.PA/19(47).2008-RM-MBNR dt.7/11/2008 served on 28/3/2011 in so far as not granting continuity of service, attendant benefits and back wages and not allowing the petitioner to discharge his duties when the petitioner reported for duty before the 5th respondent on 31/3/2011 as arbitrary, illegal, unjust and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents' Corporation to allow the petitioner to discharge his duties along with continuity of service, attendant benefits and back wages in the interest of justice and fair play.

(2.) Brief facts leading to the filing of this Writ Petition are that the petitioner joined respondent Corporation as a Driver in the year 1990. On 1/1/1992, his services were regularised. The petitioner was removed from service on 12/3/2007 on the ground of unauthorised absence from 7/2/2007 to 12/2/2007 without any prior sanction of leave from the departmental authorities and for not submitting any sick certificate from RTC Hospital. The petitioner preferred an Appeal before the Appellate Authority who rejected it and thereafter, the petitioner preferred a Revision before the 3rd respondent who granted relief to the petitioner vide order dt.7/11/2008 to the effect that the petitioner should be reinstated into service as a fresh Driver. A copy of the order of respondent No.3 was received by the petitioner on 28/3/2011 and thereafter the petitioner reported for duty on 31/3/2011 before the 5th respondent but the 5th respondent did not allow him to join on the ground that the time granted in the order had already expired. The petitioner submitted that he had received a copy of the impugned order only on 28/3/2011 from the 3rd respondent and therefore his joining report is also within time. However, he was not allowed to join and discharge his duties. The petitioner preferred a Review petition before the 3rd respondent. However, the same was also held as time barred by the 3rd respondent who did not allow the petitioner to join the service. Against such action of the respondents, the petitioner has filed this Writ Petition. He submits that the reason for his absence during the period 7/2/2007 to 12/2/2007, i.e., for a period of five (5) days was due to his sickness and he also submitted sick certificate from the RTC Hospital before the 4th respondent. Therefore, his absence was due to reasonable and sufficient cause only and there was no misconduct on his part requiring removal from service. He further reiterated that the order of reinstatement was received by him only on 28/3/2011 and thereafter he admittedly reported for duty on 31/3/2011 and threfore, there is no delay on his part.

(3.) When the matter came up for admission on 18/11/2011, this Hon'ble Court was pleased to direct the respondents to consider allowing the petitoner to join the duty and discharge his duties pursuant to the proceedings dt.7/11/2008 issued by the 3rd respondent.