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2014 DAILYLAW 1622 (AP)

K.MOHAN RAO v. THE A.P.S.R.T.C. REP BYITS REGIONAL MANAGER AND 2 OTHERS

WP/26196/2014 · 2026-04-20

Harinath N

body2014

Judgment text

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1 HN, J W.P.No.26196_2014 APHC010083692014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26196/2014 Between: 1. K.MOHAN RAO, S/O BALANNA, AGED: 47 YEARS, R/O PADERU. VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE A P S R T C REP BYITS REGIONAL MANAGER AND 2 OTHERS, REP. BY ITS REGIONAL MANAGER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2. THE A P S R T C, REP. BY ITS EXECUTIVE ENGINEER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. A P S R T C, REP. BY ITS DEPOT MANAGER. PADERU DEPOT, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the Respondents in not regularizing the services of the Petitioner in the post in which he is working at present or any other suitable and equivalent post in the services of APSRTC as illegal, arbitrary and contrary to the decision of this Hon'ble Court dated 10-2-1998 in the W.A. No.1108 of 1997 reported in 1998(4) L.L.N 135, and further direct the respondents herein to regularize the services of the Petitioner from the date when he completed 240 days of service in terms of 2 HN, J W.P.No.26196_2014 the said judgment, forthwith, and pass such other or further orders as are necessary. IA NO: 1 OF 2014(WPMP 32764 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondents herein to regularize the services of the petitioner in service of APSRTC by paying the Time Scale of Pay attached to the post of Man Mazdoor, immediately pending disposal of the main Writ Petition and pass such other or further orders as are necessary. Counsel for the Petitioner: 1. CHALLARI NAGESWARA RAO Counsel for the Respondent(S): 1. K SRINIVASA PRASAD SC For APSRTC 3 HN, J W.P.No.26196_2014 ORDER: 1. There is no representation on behalf of the petitioner today. 2. Sri K. Srinivasa Prasad, learned Standing Counsel for appearing for APSRTC, submits that the petitioner was engaged through a contractor and was appointed as a man-mazoor in the respondent Corporation. It is submitted that the payments to the petitioner were also made through the contractor by whom he was engaged. However, the petitioner is seeking regularization of his services with respondent-Corporation. 3. It is further submitted that a detailed counter has been filed and that the services of the petitioner cannot be considered for regularization, as he was neither engaged by the Corporation on a contract basis nor on a daily wage basis. The petitioner and his services were under the control and disposal of the contractor who had engaged him. 4. Recording the said submissions, this Court finds that the petitioner has not made out any case warranting a direction for regularization, except for filing a certificate issued by the Deputy Executive Engineer, APSRTC, stating that the petitioner was working as a man-mazoor as on 23.11.1992. No other document has been filed in support of the claim. The said certificate also clarifies that the petitioner was supplied by a contractor on a contract basis. 4 HN, J W.P.No.26196_2014 5. On these considerations, this Court is not inclined to grant the relief as prayed for. Accordingly, the present writ petition is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:21.04.2026 NKA 5 HN, J W.P.No.26196_2014 171 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26196 of 2014 Date: 21.04.2026 NKA