Andhra Pradesh High Court - Amravati
Yarlagadda Krishna Murthy vs M/S. Sai Priya Chit Fund Pvt Ltd on 19 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 7
(SPECIAL ORIGINAL JURISDICTI ON)
TUESDAY, THE NINETEENTH DAY OF NOVEMBE
TWO THOUSAND AND TWENTY FOUR |
-PRESENT: é \
THE HONOURABLE SRI JUSTICE SUBBA REDDY SAT
WRIT PETITION NO: 24720 OF 2024 "
Between:
7. Mota Krishna Murthy, S/o Nagaish, Aged about 48 years, Occ. RTC
Oriver (Onoole Depot-627733), Rio. Vantavari Colony, Near Kotha
Market, Origole, Prakasam District-523007.
2. Dasari Sai Krishna, S/o Mall likarjunarao, Aged about SRE years, Oce.
RTC Driver (Ongole Depol-627308), Ryo 241-1-35. Ganuga Palem,
Ongole, Prakasam District -53 B3007
Pull Srinivasa Rao, S/o. Subbait ih, Aged about 41 years, Cec, RTC
Driver (Kanigin Depots 28033), Rio, 4-162, Ramnagar, Ghimakurthy,
Mrakasarm District -§23908, 0°
4. Ponnarn Rambabu, svo. Ponnam Purushotharp, Aged about 38 Years,
Orc. RTC Driver (Kanigit Depot-d28244), Rio. 11-74, Sanfeevaiah
Yanadi Colony, Ethamukkala, Prakasam District ~B28880 5077
3
Petitioners
AND "
1. The State of Andhra Pradesh, Rep by Principal, Secrefary, Public
Transport Department, Secretar at, Velagapudl, Anjaravathi.
fd
. Andhra Pradesh State Road Transport Corporation, Rep by Managing
Director, RTC House, PNBS, Vilayawada.
The District Public Transport Officer, APSRTC Bus stand, Cngole.
The Depot Manager, Ongale RTC Depot, Prakasam District
moh wy
The Depot Manager, Kanigirl RTC Depot, Prakasam District
, Respondents
SOIR BESS SSS SONOS
Petition under Article 226 of the Constitution of india is fled praying that
in the circumsiances stated in the affidavit fled therewith, the High Court may
be pleased fo issue a Writ, Order or Direction, more particularly ane in the
nature of Writ of Mandamus, to declare the action of the respondents in
cirecting the petitioners who are the drivers of the APSRTC, to perfarm the
dual duties of drivers and conductors through Ticket issuing machines CTIA}
contrary fo the judgment of this Hon'ble Court in WP.25885 of 2044
dated. 30.01.2012 and in not considering the petitioners representations dated
OOO 2024, OF OF 2024, O1.08 2024, 16.10.2083 is Hegal, arbitrary and
unconstitutional and violation of Article 14, 18, 19. 27 and 306A of the
Constitution of india and violation of S.2o(1) of MV Act read with Rule. 72-4
if} of AP Motor Vehicle Rules, 1989 consequent tly direct the respondent not ic
insist the pefiioner to perform dual role of Driver and Conductor as they have
accepied the judgment in WP.29825 of 2041 dated 80.01.9042 and the
petitioner dogs not full Rule. 72-AiN, fof AP Motor Vehicle Rul es, 1989.
IA NO: 1 OF 2024 :
Pelion under Section S51 of CPC is Hed praying that in the
circumstances stated in the affidavit fled in su pport of the pelition, the High
Court may be pleased to direct the respondents not to insist the politioners |
perform dual role of Driver cum conductor which Is contravention of Rule? 2-s
fi a of AP Motor Vehicle Rules, 1989, ending disposal of WP 24720 of
2Qe4, on the fle of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
afiidavil fled in supsort thereof and upon Hearing the arquments of Sri
THANDAVA YOGESH Advocate for the Petitioners and of GP FOR
SERVICES {i for the Respondent Not and of SRI A. RAMA RAO, Standing
Counsel for the Respondent Nos.2 & 3, whe Court mace the following
ORDER:
"The above writ petition is fled to declare the action of the
respondents in directing the petitioners, drivers of the APSRTS to
perform dual duties of drivers and canductors through Ticket issuing
NS
machines (TIM), as contrary to the judgment dated 36.01.9042 of this
Court in W.P.NO.29625 of 2074 and nat considering the representations
dated 08.07.2024, 04.07.2024, 04.08.2004 and 16.10.2029 as Hlegal and
arbitrary,
Heard Sri Thandava Yogesh, learned counsel for the petitioners
and Sri A.Rama Rao, learned standing counsel for APSRTC for
respondents 2 & 3,
At the hearing, learned counsel for the petitioners has drawn the
altiention of this Court to G.O0.Ms.No. #1, Transport, Roads & Buildings
(TRJ} 2 Department, dated 24.04.2048 whereby an amendment was made
to Rule 72 of the Andhra Pradesh Motor Vehicles Rules, 1989, -
Rule 72-A of the Rules, 1989 reads as under:
"Rule 7 2A: Notwithstanding anything contained in rule 72, the drivers of
Stage carriages performing the functions of Conductors shall exempt
from possession of conductors Heence required under sub-section iy}
of Section 29 of the Act subject to the following conditions:-
(i) The driver, acting as conductor in a Stage carriage shall have
the educational Qualifications prescribed in rule 54,
() The driver shall POSSESS a certitcate in First-Ald as provided for
in rule S&S,
(i) The driver shall have undergone training for minimum period of
{3} days in the operation of issue of Hekets through ticket
issuing machine oar through other means.
(iv) The afore-stated raining may be imparted by any school or
establishment which is Heensed under Section 12 of the Act anc
a certificate to the effect that a Person completed the said
training Successfully shall be issued by the said school or
establishment.
iv) The certificate referred to in condition {iv} shall be carrigd by a
driver while performing the duties of a conductor and shall be
produced, on demand, by any checking officer, authorized to
check the stage carriages.
(v The fee for the training referred to in condition (iv) is Rupees
ene hundred only'.
in the case at hand, the petitioners did not possess certificate of
First ald as provided in rule 8§ of the Act. The petitioners also have not
undergone training for minimum period of three days for operation of
issue of tickets through ticket issuing machine or through other means.
Learned standing counsel did not dispute about the petitioners'
lacking certificate in First-Aid and no training for minimum period of
three days for operation of issue of tickets through tcket issuing
machine or through other means. _
Given the facts and circumstances, the respandants 4 and 5 shall not
insist the petitioners to discharge dual duties of driver-cum-conductor
unless the petitioners possess a cerificate in First-Aid and underwent
minimum period of three days training in operation of issue of ficksts
through ticket Issuing machine or through other means.
This order will not preclude the authorities from imparting necessary
training In First-Ald and also training In operation of issue of Nckets
through ticket Issuing machine or through other means.
List the matter an 17.13.2024."
SEM. A PRABHAK Ary
"~ "ae en xe AR,
ASSISTANT REGISTRAR
JTRUE COPY! SECTION OFFicER
For
Ta, ;
1. The Principal Secretary, Public Transport Department, State of
Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. [by SPL.
MESSENGER]
& RAG
oF
The Managing Director, Andhra Pradesh Stete Road Transport
Corporation, RTC House, PNBS, Vdayawada. ae
The District Public Transport Officer, APSRTG Bus stand, Ongole.
The Depot Manager, Ongale RTC Depot, Prakasam District
The Depot Manager, Kanigiri RTC Depat, Prakasam Dletrict. {2 to §
by RPAD) -
8. One CC to SRI. THANDAVA YOGESH Advocate [OPUC]
ond
Two CCs fo GP FOR SERVICES fi, High Court of Andhra Pradesh.
fOouT] wo
& One OC to SRI ARAMA RAO, Standing Counsel. (OPUC]
$. One spare copy
HIGH COURT
SRE, J
DATED: 19/4 1/2024
LIST THE MATTER ON (7.12.2024
ORDER
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