HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 2177 OF 2003 Between: The Regional Manager, APSRTC, West Godavari, Eluru and one another ………….Petitioners AND P. Prasada Rao S/o Venkata Reddy, aged about 56 years ………….Respondent JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) Challenging the order-dated 23.07.2003 passed in Writ Petition No. 2529 of 1999 by the learned single Judge of this Court, the present Writ Appeal is filed. Brief facts of the case are that the respondent is a ITI holder and he was initially appointed as Cleaner in APSRTC on 5.1.1968 and attached to Bhimavaram Depot. In the year 1969 the respondent was promoted as Tyre Spoter and after passing the departmental tests, he was promoted as Tyre Mechanic in the year 1972. Since then he was working as Mechanic, Grade II. As the respondent was involved in a pretty case, while he was working at Bhimavaram Depot, he was transferred from Bhimavaram Depot (West Godavari Region) to Repalle Depot (Guntur Region) in the year 1985. It is stated in the transfer order that the seniority of the respondent shall be maintained in the West Godavari Region for the present, and the maintenance of his seniority will be decided at a later date. It is stated that after completion of 3 years, the respondent was transferred to his original region viz., West Godavarti Region at Eluru Depot. The main grievance of the respondent is that one Sri D. Rama Raju was joined as Cleaner and promoted as Mechanic, Grade-II in the year 1975 and similarly one K. Venkateswarlu also came on transfer to West Godavari Region and he was subsequently promoted as Mechanic, Grade I and later promoted as Leading Hands, whereas the respondent, who is senior to them in the initial appointment as a Cleaner and also as Mechanic, Grade-I, his case has not been considered. Aggrieved by the same, the respondent filed Writ Petition and a learned single Judge allowed the Writ Petition observing as under: “Admittedly Sri D. Rama Raju is junior to the petitioner. But, he was promoted as Mechanic Grade I on 1.7.1991 and as Leading Hand with effect from 13.5.1998. The petitioner is also entitled to be promoted as Mechanic Grade I with effect from 1.7.1991 and Leading Hand with effect from 13.5.1998 on par with his junior Sri D. Rama Raju. Accordingly, the action of the respondents in not promoting the petitioner as Mechanic, Grade I on par with his juniors is declared as illegal and the respondents are directed to treat the petitioner on part with Sri D. Rama Raju and Sri K. Venkateswarlu and pass appropriate orders, promoting him as Mechanic, Grade I with effect from 1.7.1991 and Leading Hand with effect from 13.5.1998 with all consequential benefits attributable to the said promotional posts, within six weeks from the date of receipt of this order.” Aggrieved by the same, APSRTC filed the present Writ Appeal. The learned Standing Counsel appearing for the appellants submits that the learned single Judge ought to have seen that the Writ Petition was filed in the year 1999 claiming promotion as Mechanic Grade I with effect from 1.7.1991 with a delay of 8 years for which no explanation was offered as such the writ petition is liable to be dismissed on the ground of laches. He also submits that the learned single Judge ought to have seen that D. Rama Raju was appointed as Cleaner in the year 1967 whereas the respondent herein was appointed as Cleaner in the year 1968. Thereafter the said D. Rama Raju was promoted as Mechanic Grade I with effect from 1.7.1991 and the respondent herein was promoted as Mechanic Grade I with effect from 1.7.1996 and the K. Venkateswarlu was appointed in direct recruitment quota as Mechanic Grade II with effect from 23.9.1972, therefore, the case of the respondent cannot be compared with the case of the other two individuals. On the other hand, the learned counsel appearing for the respondent submits that the order of the learned Single is quite reasonable and there are no grounds to interfere with the same. Heard the learned counsel appearing for both sides and also perused the material made available on record. It is on record that the respondent herein is a ITI holder and was initially appointed as Cleaner in APSRTC on 5.1.1968 and attached to Bhimavaram Depot. After that in the year 1969 he was promoted as Tyre Spoter and further promoted as Tyre Mechanic in the year 1972. As the respondent was involved in a petty case while he was working at Bhimavaram Depot, he was transferred in the year 1985 from Bhimavaram Depot, West Godavari Region to Repalle Depot, Guntur Region. The main grievance of the respondent is that he was equally qualified on par with D. Rama Raju and K. Venkateswarlu, therefore, he is entitled to be promoted as Mechanic, Grade I with effect from 1.7.1991 and Leading Hand with effect from 13.5.1998. The learned Single Judge having regard to the facts and circumstances of the case, directed the appellants herein to treat the respondent on par with D. Rama Raju and K. Venkateswarlu and pass appropriate orders promoting him as Mechanic, Grade I with effect from 1.7.1991 and Leading Hand with effect from 13.5.1998 with all consequential benefits attributable to the said promotional post. Hence, we do not find any illegality in the order passed by the learned Single Judge. But however, the respondent herein is not entitled for any monitory benefits beyond 1.7.1991 and 13.5.1998 and the said dates will be given effect to for the purpose of reckoning his pensionary and retirement benefits and also be taken into account for notional fixation of his pay. The appellants are directed to pay the amount due to the respondent within a period of three months from today. Accordingly, the Writ Appeal is allowed in part. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 07.09.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.