IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE MR.JUSTICE R.SUBHASH REDDY WRIT PETITION No.25218 of 1999 Between: M. Gangadhra Rao S/o. Jammalapuri, R/o. 6/698 Kakinagar, Jaggaiahpet, Krishna District ... PETITIONER AND 1 A.P.State Transport Corporation rep by its Vice Chairman & Manging Director, APSRTC, Musheerabad, Hyderabad. 2 A.P.State Transport Corporation rep by its Regional Manger, Vijayawada Region Vijayawada 3 A.P.State Transport Corporation rep by its Depot Manger, Jaggaiahpeta Depot. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an order or direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the Oﬃce Order No.P2/255(10)/98-RM (V) dt 8-7-1999 withdrawing the selection grade scale of the petitioner herein w.e.f. 1-5-1989 is illegal, arbitrary and consequently set aside the oﬃce order. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: MR.C.PRAKASH REDDY The Court made the following: Order: The petitioner, in this writ petition, has questioned Oﬃce Order No.P2/255(10)/98-RM (V) dated 08-07-1999, passed by the second respondent, Regional Manager, Vijayawada Region of A.P. State Road Transport Corporation. 2. The petitioner was initially appointed as Driver in Srikalahasthi Depot of Chittoor Division by order dated 10-12- 1976. Subsequently, on his request, he was transferred to Jaggaiahpeta Depot, which is in Krishna Division, by order dated 21-02-1985 and joined at the said Depot on 27-05- 1985. While implementing the revised pay scales of 1989, the respondent-Corporation has notified certain special grades for the employees who have put in 12 or more years of service in the same category. Initially, by computing the service of the petitioner with eﬀect from the date of his initial appointment at Srikalahasthi Depot, i.e. 10-12-1976, he was granted special grade with effect from 01-05-1989, i.e. after completion of 12 years of service in the category of Conductor Grade-II. But, however, subsequently, show cause notice dated 14-06-1999 was issued calling upon the petitioner to show cause as to why the special grade sanctioned to him earlier with effect from 01-05-1989 should not be withdrawn and amounts excess drawn earlier should not be recovered from his salary, duly revising sanction of special grade with eﬀect from 01-08- 1997, on the ground that he was transferred to Jaggaiahpeta Depot, which is in Krishna Division, by order dated 21-02- 1985 on his on request and as such he is eligible for special grade after completion of 12 years from the date of his joining at Jaggaiahpeta Depot. Though the petitioner had ﬁled explanation to the said show cause notice on 01-07-1999, justifying the grant of special grade, but, however, by the impugned order dated 08-07-1999, on the very same ground as mentioned in the show cause notice referred above, the special grade granted to the petitioner from 01-05-1989 was withdrawn and the same was ordered to be given effect from 01-09-1997. 3. In this writ petition, the case of the petitioner is that, initially special grade was correctly granted from 01-05-1989 on completion of 12 years of service and the same is in terms of the circulars issued by the Corporation and merely because he had agreed to forego the earlier seniority in Srikalahasthi of Tirupathi Division, the same is no ground to withdraw the special grade granted to him. 4. As per the instructions issued by the respondent- Corporation in Circular No. PD 65/1989 dated 03-06-1989, a copy of which is ﬁled along with the material papers, it is clear that the employees who are working in the category of posts speciﬁed in Annexure-VI thereto and who have put in more than 12 years of service in the same category shall be placed onto the corresponding scale as indicated in Appendix- A of the said Circular. From the Circular instructions, it is clear that the beneﬁt of special grade is contemplated for the employees who continued in service in the category of posts for a period of 12 years. Merely because the petitioner had agreed to forego his seniority while seeking transfer from Srikalahasthi to Jaggaiapeta, the same will not aﬀect the beneﬁt of extension of special grade, which was rightly granted to him from 01-05-1989 at ﬁrst instance. Service and seniority are two diﬀerent aspects and for grant of beneﬁt of special grade, it is suﬃce if the employee serves in the same category for a period of 12 years. The seniority, which the petitioner had agreed to forego while joining at Jaggaiapeta in Krishna Division, does not come in the way of the petitioner getting the benefit of the special grade. 5. For the aforesaid reasons, the order dated 08-07-1999 passed by the respondents, withdrawing the special grade granted to the petitioner from 01-05-1989, is quashed. 6. The writ petition is allowed. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. August 28, 2008 MRR