APHC010345742011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 12670/2011 Between: 1. B. NAGARAJU, S/O.GANJAIAH, MOTOR MECHANIC IN VAKADU APSRTC DEPOT R/O.PERIKALAPATIKANDRIGA, ANNAMADERU POST, NAIDUPET MANDAL. 2. N.SURESH BABU,, S/O.SESHAGIRI RAO, MOTOR MECHANIC IN VAKADU APSRTC DEPOT, R/O. MOLAGANNURU VILLAGE, VAKADU MANDAL, SPSR NELLORE DISTRICT 3. E.SURENDRAIAH @ SURENDRA, S/O.PAPAIAH, WELDER IN VAKADU APSRTC DEPOT R/O.DUGGARAJUPATNAM VILLAGE, KOTHURU VILLAGE & POST, VAKADU MANDAL, SPSR NELLORE DISTRICT 4. SYED ISMAIL, S/O.AMEER SAHEB, MOTOR MECHANI IN NELLORE APSRTC DEPORT - I, R/O. JAKEER HUSSAIN NAGAR, NAWABPET, NELLO0RE DISTRICT 5. P.MUNIRAMAIAH,, S/O. BALAKRISHNAIAH, CARPENTER IN GUDUR APSRTC DEPOT-I, R/O.JAKEER HUSSAIN NAGAR, NAWABPET, NELLORE DISTRICT ...PETITIONER(S) AND 1. A P S R T C, REP.BY ITS CHAIRMAN & MANAGING DIRECTOR, MUSHEERABAD, HYDERABAD 2. THE REGIONAL MANAGER, A.P.S.R.T.C., NELLORE 3. THE DEPOT MANAGER, A.P.S.R.T.C., VAKADU DEPOT, VAKADU, SPSR NELLORE DISTRICT 4. THE DEPOT MANAGER, A.P.S.R.T.C., NELLORE I DEPOT, NELLORE SPSR DISTRICT 5. THE DEPOT MANAGER, A.P.S.R.T.C, GUDUR DEPOT, SPSR NELLORE DIST. ...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 to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action 2 of the respondents in not continuing the petitioners as sramiks in the respondent corporation without following due process of law, as illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to continue the petitioners to discharge their duties as sramiks in the respondent corporation, pending finalization of W.P.No.28108 of 2010. IA NO: 1 OF 2011(WPMP 15430 OF 2011 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 Direct the respondents to allow the petitioners to continue to discharge their duties in the respondent corporation, pending disposal of the writ petition. Counsel for the Petitioner(S): 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. SANISETTY VENKATESWARLU SC For APSRTC The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 12670 of 2011 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in not continuing the petitioners as sramiks in the respondent corporation without following due process of law, as illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to continue the petitioners to discharge their duties as sramiks in the respondent corporation, pending finalization of W.P.No.28108 of 2010 and pass such other order or orders as this Hon’ble Court may deem fit and proper and in the circumstances of the case.” 2. Learned counsel for the respondents would submit that the petitioners were never employed by the Corporation directly and they were through an agency, hence, the Corporation is no way responsible to guarantee their employment as there is no employee-employer relationship at all, therefore, prayed to dismiss the writ petition. 3. In similar circumstances, this Court dismissed the writ petition i.e., W.P.No.22519 of 2011 by an order, dated 04.08.2024. 4. In view of the above said circumstances and in terms of the order, dated 04.08.2024 passed by this Court in W.P.No.22519 of 2011, this Court is not inclined to grant any relief in favour of the petitioners. 4 5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Registry is directed to attach the copy of order dated 04.08.2024 in W.P.No.22519 of 2011, to this order. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 11.07.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No:12670 of 2011 Date : 11.07.2025 SPP