S HUSSAIN BASHA v. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION
WP/13744/2025 · 2025-06-16
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17919 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17919 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i; V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13744 OF 2025 Between: S. Hussain Basha, S/o. Hussain, Aged about 53 years, Occ: Casual Driver APSRTC E-410677, Jammalamadugu Depot, Kadapa District, Andhra Pradesh. ...PETITIONER AND
1. The Andhra Pradesh State Road Transport Corporation, Rep., by its Managing Director, PNB Station, Vijayawada, Andhra Pradesh.
2. Regional Manager, Andhra Pradesh Road Transport Corporation, Kadapa, Kadapa District, Andhra Pradesh.
3. Depot Manager, Jammalamadugu Depot, APSRTC, Jammalamadugu, Kadapa District, A.P.
4. State of Andhra Pradesh, Rep. by its PrI. Secretary to Govt., Transport Department, Secretariat, Velagapudi, Guntur. ...RESPONDENTS 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 to issue a writ of mandamus or any other appropriate writ,
order, direction, declaring the action of respondents no.2 and 3 to or consider the petitioner seniority and pay the arrears and wages and granting all consequential benefits, as being illegal, arbitrary, violation of Articles 14,21 of the constitution of India and also violation of principles of natural justice Consequently, direct the respondent authorities to consider the petitioner representation dated 21.09.2024 in accordance with law, and granting the petitioner all consequential benefits. Consequently, direct the
'respandents to communicate their decision on the petitioner representation within a time frame fixed by this Hon’ble Court.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to consider the petitioner seniority and pay the petitioner arrears and wages, and granting all consequential benefits pending disposal of the above writ petition. Counsel for the Petitioner : SRI KAMBYAGARI SAI PRATAP Counsel for the Respondent Nos.1 & 4 : GP FOR SERVICES I Counsel for the Respondent Nos.2 & 3 : SRI A. RAMA RAO, SC FOR APSRTC The Court at the stage of admission made the following: ORDER
% APHC010247342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13744/2025 Between: S Hussain Basha ...PETITIONER AND The Andhra Pradesh State Road Transport Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.KAMBYAGARI SAIPRATAP Counsel for the Respondent(S):
1.GP FOR SERVICES I
2 HCGR.J W.P.No. 13744 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“...to issue a writ of mandamus or any other appropriate writ,
order, direction, declaring the action of respondents No.2 and 3 to or consider the petitioner seniority and pay the arrears and wages and granting all consequential benefits, as being illegal, arbitrary, violation of Articles 14, 21 of the Constitution of India and also violation of principles of natural justice consequently, direct the respondent authorities to consider the petitioner representation dated 21.09.2024 in accordance with law, and granting Consequently, direct the respondents to communicate their decision on the petitioner representation within a time frame fixed by this Hon’ble Court and to pass such other order orders....” Heard Sri K.Sai Pratap, learned counsel for the petitioner, learned Government Pleader for Service-ll for respondents 1 and 4 and Sri A.Rama Rao, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3. the petitioner all consequential benefits. or
2. Petitioner joined as Driver on 24.06.1996 in respondent- corporation. Later, as he was removed from the
3. service on 26.06.1997 on allegation of fabrication of license, he approached Labour Court, which passed an award directing the respondents to reinstate the petitioner into service. Accordingly, he was reinstated into service and he got regularized in the year 2003. Petitioner has now made representation dated 21.09.2024 claiming payment of wages and arrears for the period from 1997 to 2003, under which period they were out of service.
3 HCGRJ W.P.No.13744 oj 2025
Learned counsel for the petitioner submits that it would suffice
4. to direct the respondents to consider the representation and pass appropriate orders. Sri A.Rama Rao, learned Standing Counsel on the other hand
5. submits that claim of petitioner relates to the period of 1997 to 2003. Petitioner has slept over for almost more than eighteen years and now come up with representation in the year 2024 making claim of amounts. At any rate, petitioner is not entitled for such claims. He would further submit that as representation of petitioner is pending, same would be considered and disposed of in accordance with law. In view of aforesaid
submissions, without expressing any
6. opinion on merits of the matter, with the consent of both the learned counsel the Writ Petition is disposed of at the admission stage. directing the respondents to consider and pass appropriate orders on petitioner’s representation dated 21.09.2024, strictly in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Managing Director, Andhra Pradesh State Road Transport Corporation, PNB Station, Vijayawada, Andhra Pradesh.
f
2. The Regional Manager, Andhra Pradesh Road Transport Corporation, Kadapa, Kadapa District, Andhra Pradesh.
3. The Depot Manager, Jammalamadugu Depot, APSRTC, Jammalamadugu, Kadapa District, A.P.
4. The Principal Secretary to Govt., Transport Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur.
5. One CC to Sri Kambyagari Sai Pratap Advocate [OPUC]
6. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT]
7. One CC to Sri A.Rama Rao, SC for APSRTC (OPUC)
8. Three C.D. Copies. Cnr
/ HIGH COURT DATED:17/06/2025
ORDER WP.No.13744of2025 g 26JUNa)» m C9 5^ ^ Curreni iieciion ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS