D. Yadagiri, vs The Depot Manager,
2025 Latest Caselaw 3367 Tel

Telangana High Court

D. Yadagiri, vs The Depot Manager, on 24 March, 2025

Author: P. Sree Sudha

Bench: P.Sree Sudha

     THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

            WRIT PETITION No. 26468 of 2014

ORDER:

This writ petition is filed to declare the action of

respondents in denying the increments, back wages, continuity

of service as illegal and to direct the respondents to release all

monetary benefits to the petitioner.

2. Heard both sides. Perused the record.

3. It is stated that initially petitioner was appointed as driver

in the respondents' Corporation and after working for 17 years

as a driver, the Corporation retired him from the service on

19.11.2009 stating that he was medically unfit for the post of

driver. He approached this court and filed W.P.No.21851 of

2012 and this Court directed the respondents to provide the

alternative employment in accordance with Section 47 of the

Persons with Disabilities Act on 27.08.2012. The

Respondents'' authorities instead of appointing him, demanded

him to deposit Rs.3,04,827/- and after the said deposit, he was

appointed as Shramik on 25.01.2014. It is also stated that he

was retired from the service on 30.06.2015 and as he worked

for more than one year as Shramik, he is entitled for one

increment.

4. Learned counsel for respondents relied upon a judgment

of this Court in W.A.No.1376 of 2016, in which Section 2(1) of

the Act of 1995 defines 'disability to mean, amongst others,

'blindness' and 'low vision', 'blindness' is defined under Section

2 (b) while a 'person with low vision' is defined under Secti8on

2(u) of the Act of 1995.

5. Petitioner was reported to the duty on 26.01.2014 as

Shramik and in proceedings dated 16.08.2014, it is stated that

he is entitled for one increment after completion of one year of

service after reporting to the duty as Shramik. He was retired

on 30.06.2015 and thus he is entitled for annual grade

increment. As he was not in service from 19.11.2009 to

26.01.2014 and was appointed as Shramik as afresh, he is not

entitled for any benefits like continuity of service or back wages.

Respondents are directed to pay the annual grade increment for

the period of 26.01.2014 to 30.06.2015 within one month from

the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

_____________________ P. SREE SUDHA, J

Date: 24.03.2025 CHS

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

DATE: 24.03.2025

CHS