The Depot Manager vs K.Keshavulu
2021 Latest Caselaw 3435 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                            AND
          THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                       WRIT APPEAL No.358 of 2019

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




      The present writ appeal is arising out of order dated

21.08.2018 in W.P.No.11552 of 2002 passed by the learned Single

Judge.

      The facts of the case reveal that the writ petitioner was

appointed as a Driver and on account of an accident, a

departmental enquiry took place. He was removed from service by

an order dated 28.12.1992 and the same was subjected to judicial

scrutiny and the Labour Court in I.D.No.146 of 2000 passed an

award and the removal order was modified to that of reinstatement

into service in a lower post. The benefit of continuity of service was

also granted by the Labour Court.                         The writ petitioner being

aggrieved by reversion to a lower post preferred a writ petition and

the learned Single Judge has allowed the writ petition directing his

reinstatement with continuity of service and notional increments

without back wages.

      The present writ appeal has been preferred by the employer

and it has been stated that if the order passed by the learned

Single Judge is given effect to, it will result in financial loss to the

writ petitioner, as the writ petitioner, after reinstatement, has

received two promotions. The post now held by the writ petitioner

is higher than that of the Driver.
                                    2




      When confronted with the aforesaid situation, the learned

counsel for respondent No.1/writ petitioner in the writ appeal was

fair enough in making a statement before this Court that the writ

appeal be disposed of and the benefit of continuity in service be

granted to the workman.

This Court has carefully gone into the order passed by the

learned Single Judge and is of the opinion that the prayer made by

the writ petitioner is justified. Accordingly, the order passed by the

learned Single Judge is set aside only to the extent it directs the

employer to reinstate the writ petitioner as Driver. However, the

writ petitioner shall be entitled to continuity of service with notional

increments without back wages as awarded by the Labour Court.

With the aforesaid, the writ appeal stands disposed of.

Miscellaneous petitions, if any, pending in this writ appeal

shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J 12.11.2021 ES