Andhra Pradesh High Court - Amravati
Mota Krishna Murthy vs The State Of Andhra Pradesh, on 19 November, 2024
APHC010474322024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
TUESDAY ,THE NINETEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 24720/2024
Between:
Mota Krishna Murthy and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. THANDAVA YOGESH
Counsel for the Respondent(S):
1. GP FOR SERVICES II
The Court made the following interim order:
The above writ petition is filed to declare the action of the respondents
in directing the petitioners, drivers of the APSRTC to perform dual duties of
drivers and conductors through Ticket issuing machines (TIM), as contrary to
the judgment dated 30.01.2012 of this Court in W.P.NO.29625 of 2011 and
not considering the representations dated 05.07.2024, 04.07.2024,
01.08.2024 and 16.10.2023 as illegal 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
attention of this Court to G.O.Ms.No.21, Transport, Roads & Buildings (TR.I)
Department, dated 24.04.2015 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 72-A: Notwithstanding anything contained in rule 72, the drivers of stage
carriages performing the functions of Conductors shall exempt from possession of
conductor's licence required under sub-section (1) 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.
(ii) The driver shall possess a certificate in First-Aid as provided for in rule 55.
(iii) The driver shall have undergone training for minimum period of (3) days in
the operation of issue of tickets through ticket issuing machine or through
other means.
(iv) The afore-stated training may be imparted by any school or establishment
which is licensed under Section 12 of the Act and a certificate to the effect
that a person completed the said training successfully shall be issued by
the said school or establishment.
(v) The certificate referred to in condition (iv) shall be carried 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.
(vi) The fee for the training referred to in condition (iv) is Rupees one hundred
only".
In the case at hand, the petitioners did not possess certificate of First-
aid as provided in rule 55 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 not undergoing training for minimum period of three
days for operation of issue of tickets through ticket issuing machine or through
other means.
Given the facts and circumstances, the respondents 4 and 5 shall not
insist the petitioners to discharge dual duties of driver-cum-conductor unless
the petitioners possess a certificate in First-Aid and underwent minimum
period of three days training in operation of issue of tickets through ticket
issuing machine or through other means.
This order will not preclude the authorities from imparting necessary
training in First-Aid and also training in operation of issue of tickets through
ticket issuing machine or through other means.
List the matter on 17.12.2024.
_________________________
SUBBA REDDY SATTI, J
Date: 19.11.2024
KA
