G.Surendra v. The Vice Chairman and Managing Director
WP/2655/2012 · 2025-01-23
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14005 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14005 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2655 OF 2012 Between:
1. G.Surendra, S/o Muniratnam, aged 36 years, Ammepalli Putalapattu Post & mandal, Chittoor District. 2. N.Sekhar, S/o Gopalayya, aged 37 years, Kottapalle Damarlacheruvu Post, Pakala mandal, Chittoor District. Village Village, ...PETITIONERS AND
1. The Vice Chairman and Managing Director, APSRTC, RTC House, 1st Floor NTR administration Block, Pandit Nehru Bus Station in Vijayawada-520013. 2. The Regional Manager, APSRTC Tirupathi, Tirupati district. Cause Title in respect of Respondent Nos.1 and 2 amended/substituted as per court order dated 21.12.2024 vide lA No.1 of 2024 in WP No.2655 of 2012. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order, direction, proceeding or a writ, one in the nature of writ of mandamus declaring the action of the 1st respondent in issuing the impugned notification vide No.R3/684(23/2011-HRD) dt.23-12-2011 and thereafter not considering the eligibility of the writ petitioners who are mechanic motor vehicles, fitters
etc., to the post of shramiks which are higher qualifications under the eligibility criteria as illegal arbitrary and unconstitutional and consequently the respondents to give the posting orders of shramiks as per the direct posts notified in notification, to the petitioners by modifying the impugned notification taking into consideration the qualifications of the petitioners also to the post of the shramiks and to pass such other or further orders in the interest of justice. Main prayer amended/substituted as per Court Order dated 21.12.2024 vide I.A.No.2 of 2024 in WP No.2655 of 2012. I.A. NO: 1 OF 2012(WVMP. NO: 2175 OF 2012) Between: T .j Vice Chairman and Managing Director, APSRTC, RTC House, 1st Floor NTR administration Block, Pandit Nehru Bus Station in Vijayawada-520013. 2 The Regional Manager, APSRTC Tirupathi, Tirupati district. ...PETITIONERS/RESPONDENTS
1. The AND S/o Muniratnam, aged 36 years, Ammepalli Village, Putalapattu Post & mandal, Chittoor District. 2. N.Sekhar, S/o Gopalayya, aged 37 years Damarlacheruvu Post, Pakala mandal, Chittoor District. ...RESPONDENTS/PETITIONERS
1.
G.Surendra Kottapalle Village 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 03-02-2012 in W.P.No. 2655 pleased vacate the interim orders granted on of 2012. I.A. NO: 2 OF 2012(WPMP. NO: 3332 OF 2012) 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 stay of all further proceedings including the recruitment of Shramiks under the notification vide No.R3/684 (23/2011-HRD) dated 23-12-2011 issued by the 1st respondent, pending disposal of the main Writ Petition. LA. NO: 3 OF 2012(WPMP. NO: 3333 OF 2012) 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 to receive and process further the applications of the petitioners who have already applied for the post of Shramiks vide notification vide No.R3/684 (23/2011-HRD) dated 23-12-2011, pending disposal of the main Writ Petition. LA. NO: 1 OF 2016(WPMP. NO: 1428 OF 2016) 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 refer W.P.No.2655/2012 to the Lok Adalat of Hon'ble High Court, Hyderabad for an amicable settlement between both parties. Counsel for the Petitioners: SRI. S S BHATT Counsel for the Respondents: SRI N SRIHARI ( SC FOR APSRTC ) The Court made the following: ORDER
% APHC010171012012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3457] THURSDAY .THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2655/2012 Between: G.surendra and Others ...PETITIONER(S) AND The Vice Chairman And Managing Director ...RESPONDENT(S) and Others Counsel for the Petitioner(S):
1.S S BHATT Counsel for the Respondent(S):
1.
N SRIHARI ( SC FOR APSRTC )
2. The Court made the following;
2 -r THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.2655 of 2012
ORDER; The petitioners are challenging the inaction on part of the respondents in not considering the eligibility of the petitioners as motor mechanics. The petitioners have completed ITI with motor mechanic trade. The respondents issued a notification dated 23.12.2011 calling for applications to fill up the posts of shramiks in Tirupati region. The respondent prescribed the required qualification as ITI with diesel mechanics trades.
Learned counsel for the petitioners submits that the petitioners possess higher qualification than that was prescribed in the notification. Both the petitioners also working as Shramiks on contract basis with the respondent. As the petitioners application was not considered on account of their higher qualification, the
2. petitioners filed the present petition. This Court vide
order dated 03.02.2012
directed the respondents to consider the application of the petitioners along with the applications of other persons. This Court further vide
order dated 30.11.2012
directed the respondents to keep two posts of Shramiks in Tirupati region vacant pending further orders.
3.
3 No steps have been taken by the respondents to challenge
4. the said order and it is not in dispute that the respondents have on date. This Court while considering the in W.P.No.551 of 2012 in the two posts vacant as similar issue filed by similar petitioners to accommodate the petitioners
directed the respondents posts which are vacant in pursuance of the directions of this Court vide order dated 30.11.2012. respondents shall accommodate Following the same, the
5. in the posts which are kept vacant in pursuance of dated
30.11.2012. the petitioners in of this Court vide
order , the Writ petition is allowed in part. There shall be no the directions Accordingly
order as to costs. As a sequel, miscellaneous petitions pending, if any, shall Sd/- N. NAGAMMA ASSISTANT REGISTi^ stand closed.
//TRUE COPY// OFFICER SE To, Director, APSRTC, RTC House, 1st Pandit Nehru Bus Station in
1. The Vice Chairman and Managing Floor NTR administration Block Vijayawada-520013. APSRTC Tirupathi, Tirupati district.
2. The Regional Manager
3. One CC to Sri S S Bhatt Advocate [OPUC] Sri N Srihari ( SC for APSRTC ) Advocate [OPUC]
4. OneCCto
5. Three CD Copies TF
HIGH COURT DATED:23/01/2025
ORDER WP.No.2655 of 2012 WRIT PETITION IS ALLOWED IN PART, WITHOUT COSTS