Allowed

The Vice-Chairman and Managing Director, Apsrtc (now Tsrtc) v. M.Papaiah S/o. Gopaiah

Telangana HC1 Aug 2017WA/703/2017

Case brief

AI extract

What is this about?

The Division Bench allowed the Writ Appeal filed by TSRTC against an order directing them to pay salaries/wages to the respondent. The Court relied on a Supreme Court decision holding that benefits under Section 47 of the PWD Act apply only to those within Section 2(i), thereby reversing the lower court orders.

What did the court decide?

The single Judge's order directing payment of salaries/wages is set aside; the Writ Appeal is allowed; the interim relief petition disposed of as infructuous.

The Vice-Chairman and Managing Director, Apsrtc… — Service and Employment | Telangana HC (2017)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND

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HON’BLE SRI JUSTICE G.SHYAM PRASAD

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WRIT APPEAL No.703 of 2017

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Date:01.8.2017

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Between : The Vice-Chairman & Managing Director, APSRTC (Now TSRTC), Musheerabad and two others.

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..... Appellants And: M.Papaiah, S/o Gopaiah .....Respondent Counsel for the appellants: Mr. A.Ravi Babu Standing Counsel for TSRTC Counsel for the respondent: Mr. G.Ravi Mohan

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The Court made the following:

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CVNR, J & GSP, J W.A.No.703 of 2017 Dated:01.8.2017

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JUDGMENT: (per Hon’ble Sri Justice C.V.Nagarjuna Reddy)

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This Writ Appeal is filed against order, dated 15.3.2016, in Writ Petition No.28000 of 2013, whereby the learned single Judge has allowed the said Writ Petition by granting the relief of Mandamus, directing the appellants to pay the salaries/wages to the respondent for the period from 04.02.2006 to 30.10.2007.

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At the hearing, Mr. A.Ravi Babu, the learned Standing Counsel for the Telangana State Road Transport Corporation, submitted that the Writ Petition was allowed by the learned single Judge following the common order, dated 29.01.2016, in Writ Petition No.36337 of 2012 and batch and that the said order was the subject matter of Writ Appeal No.1120 of 2015 and batch, which was dismissed by a Division Bench of this Court, vide common judgment, dated 08.9.2016. The learned counsel further submitted that assailing the said judgment of the Division Bench, the Road Transport Corporations of both the States of Andhra Pradesh and Telangana filed a batch of Special Leave Petitions, wherein leave was granted and eventually, the batch of Civil Appeals was allowed by the Supreme Court by final order, dated 23.02.2017 and both the afore-mentioned judgments of the learned single Judge and the Division Bench were reversed holding that the benefit of Section-47 of the Persons with Disabilities (Equal Opportunities, Protection of

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CVNR, J & GSP, J W.A.No.703 of 2017 Dated:01.8.2017

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Rights and Full Participation) Act, 1995, is available only to the persons who suffered disability within the definition of Section2(i) thereof.

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This submission of the learned Standing Counsel is not disputed by the learned counsel for the respondent.

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In the light of the above, the relief granted by the learned single Judge by the order, dated 15.3.2016, in Writ Petition No.28000 of 2013 cannot be sustained and the same is set aside.

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The Writ Appeal is, accordingly, allowed.

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As a sequel to disposal of the Writ Appeal,

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WAMP.No.1384 of 2017 filed by the appellants for interim relief is disposed of as infructuous.

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________________________ JUSTICE G.SHYAM PRASAD

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01^st August 2017 DR

The Vice-Chairman and Managing Director, Apsrtc (now Tsrtc) v. M.Papaiah S/o. Gopaiah

Case brief

What is this about?

What did the court decide?

The Vice-Chairman and Managing Director, Apsrtc (now Tsrtc) v. M.Papaiah S/o. Gopaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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