Disposed

B.Nageswar Rao Died v. The Manager A.P.S.R.T.C

Andhra Pradesh HC7 Aug 2024WP/24442/2009

Case brief

AI extract

What is this about?

Writ petition by legal representatives of a deceased driver seeking reinstatement with back wages after his acquittal in a criminal case. Court held that reinstatement cannot be granted to a deceased person but directed treating him in service till superannuation for pension benefits, expressly denying back wages.

What did the court decide?

Treated as in service from date of acquittal till superannuation for pension benefits; no back wages granted.

B.Nageswar Rao Died Vs The Manager… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 24442 OF 2009

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Between:

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B.Nageswar Rao DIED, S/o Rama Rao RTC Driver Ongole^Depot T.Kammapalem Bollinenivarivedhi, Ongole, Prakasam Dist.

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Byrapuneni Suseela, W/o Late Nageswar Rao, Aged^{about61years,} R/o D.No.41-1-42/2, Bollinenivaripalem, Gilakala Bavi, Ongole, Prakasam District.

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Byrapuneni Siva Anjaneyulu, S/o Late Nageswar Rao,^Agedabout40 years, R/o D.No.41-1-42/2, Bollinenivaripalem, Gilakala^Bavi,Ongole, Prakasam District.

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Kamani Adilakshmi, W/o Venkateswarlu, Aged about 38 years, R/o D.No.5-33-1, Koppolu Rural, Prakasam District.

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(Petitioner Nos. 2 to 4 brought on record as LRs to^theDeceased1 St Petitioner, as per Court Order dated 18-07-2024 vide^LA.No. 1 of 2024 inWP No. 24442 of 2009.)

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...PETITIONERS

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AND

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The Manager A.P.S.R.T.C, Ongole Depot, Ongole, Prakasam^District.

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The Regional Manager, A.P.S.R.T.C Ongole,Prakasam^District.

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The Andhra Pradesh State Road Corporation, Rep.by^its Managing Director, Bus Bhavan Musheerabad, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

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be pleased to issue a writ order or direction more particularly one in the nature of WRIT OF CERTIORARI call for the records relating to proceedings No PA/675(23)/2009-RM(O) dt 03-06-2009 issued by the Regional Manager APSRTC Prakasam Division Ongloe and quash the same as illegal arbitrary, unjust and consequently declare that the petitioner is entitled to be reinstated into service consequent of acquittal by the learned Spl JFCM Excise Court, Ongole in C.C No 96/2008 dt 20-10-2008 with all consequential benefits.

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l-A. NO: 1 OF 2009fWPMP. NO: 31786 OF 2009)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased direct the respondents to forthwith reinstate the petitioner herein into service pending disposal of the main Writ Petition.

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Counsel for the Petitioners: SRI. A.SYAM SUNDAR REDDY Counsel for the Respondent Nos. 1 & 3: P DURGA PRASAD, SC FOR APSRTC

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Counsel for the Respondent No.2: M/s. DANDA RADHIKA ,SC FOR APSRTC The Court made the following: ORDER

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OAPHC010022722009

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3457]

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(Special Original Jurisdiction)

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THURSDAY ,THE EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 24442/2009

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Between:

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B.nageswar Rao Died and Others

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...PETITIONER(S)

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AND

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The Manager A P S R T C and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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A SYAM SUNDAR REDDY

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Counsel for the Respondent(S):

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P DURGA PRASAD SC FOR APSRTC

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2.DANDA RADHIKA (SC FOR APSRTC)

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3.P DURGA PRASAD

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The Court made the following:

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ORDER:

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Heard learned counsel for the petitioner and the learned counsel for the respondent.

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The petitioner while working as a driver caused a fatal accident on 27.10.2005. The petitioner was working in the respondent-corpora^tionasa driver from the year 1991. A case in C.C.No.96 of 2008 was filed before the

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Special Judicial I Class Magistrate, Excise Court, Ongole and the petitioner was found not guilty as the prosecution failed to adduce appropriate evidence. 3. Learned counsel for the petitioner submits that the petitioner after acquittal in the criminal case vide judgment dated 20.10.2008 made an application on 25.11.2008 seeking reinstatement as the petitioner was acquitted in the criminal case. He further submits that as per relevant regulations act the petitioner is required to make an application after acquittal of the criminal case for reinstatement and that the respondent authorities would consider such representation on its merits and pass necessary orders. The petitioner made a representation as required in the regulations and the respondents vide proceedings dated 03.06.2009 issued impugned proceedings which are under challenged in the present writ petition is filed. 4. During the pendency of the writ Petition, the petitioner passed away and the legal representatives have filed an application together with the copy of the death certificate. The petitioner expired on 05.06.2024. 5. The grievance of the petitioner seeking reinstatement into service cannot be considered by this Court on account of death of the petitioner. The legal heirs of the petitioner would be entitled for service benefits of the petitioner from the 18.01.1989 till the termination of the petitioner. 6. The respondents shall treat the petitioner is in service till the date of attaining the age of superannuation and extend the service benefits and pension if any payable to the legal heirs of the petitioner. It is made clear that the petitioners shall not be entitled for any back wages. The petitioner shall be

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treated as on service from the date of acquittal in the criminal case^till the date

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of attaining the age of superannuation.

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Accordingly, this Writ Petition is disposed of with the above directions.

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There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any,^{shallstandclosed.}

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Sd/- S.SRINIVAS PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Manager A P.S.R.T.C, Ongole Depot Ongole Prakasam District. 2. The Regional Manager, A P.S.R.T.C Ongole, Prakasam District 3. The Vice Chairman & Managing Director, AP State Road Transport Corporation, RTC House, Floor, Vijayawada, Andhra Pradesh, 520013.

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One CC to Sri. A. Syam Sundar Reddy, Advocate [OPUC]

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One CC to Sri. P. Durga Prasad, SC for APSRTC. [OPUC]

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One CC to M/s. Danda Radhika, SC for APSRTC. [OPUC]

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Three CD Copies. gi

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HIGH COURT DATED:08/08/2024

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ORDER

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WP.No.24442 of 2009

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m
5 19 AUb 7m CO,
^ Current Section

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

B.Nageswar Rao Died v. The Manager A.P.S.R.T.C

Case brief

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B.Nageswar Rao Died v. The Manager A.P.S.R.T.C

Case brief

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