IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No: 21760 of 2000 Between: N Hari Datta S/o Laxminarayana R/o 7-19-29, Donka Road, Guntur District. ..... PETITIONER AND 1 A.P.S.R.T.C. rep by its VC & MD Musheerabad, Hyderabad 2 A.P.S.R.T.C. rep by its Regional Manager Guntur Region, Guntur District 3 A.P.S.R.T.C. rep by its Depot Manager Guntur Depot-I, Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate Order or direction more in the anture of Writ of Mandamus directing the 2nd Respondent herein to regularise the Petitioner service from the date of initial appointment and pay arrears and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.GOVINDA RAJULU Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : ORDER: In this writ petition, the petitioner who was working as Conductor in the Andhra Pradesh State Road Transport Corporation (for short –‘the Corporation’) seeks direction, by way of Mandamus, to the Corporation to regularize his service from the date of his initial appointment. The case of the petitioner is that his father worked in the Corporation and retired from service on medical grounds in 1987 and in view of the scheme available then to consider the claims of the children of such employees who retired on medical grounds, his claim was also considered and he was appointed as a Conductor on 13-03-1989. It is also his case that thereafter, though he joined service on 13-03-1989, his services were regularized only with eﬀect from 01-01-1994. It is also the case of the petitioner that inasmuch as his appointment was on compassionate grounds pursuant to the services of his father, there is no reason to deprive him of the beneﬁt of regularization from the date of his initial appointment i.e. 13-03-1989. In the counter aﬃdavit ﬁled on behalf of the Corporation, it is stated that the father of the petitioner retired from service with eﬀect from 13-03-1986, but not in 1987 and that the petitioner was selected to the work as Conductor on daily wage basis with effect from 08-05-1989, and that his services were disengaged with eﬀect from 24-10-1989 and his services were decasualised, however, the petitioner was appointed as Conductor Grade-II with eﬀect from 01-01-1994 in Eluru Depot of West Godavari Division and that the petitioner was transferred to Guntur Region in 1997 on his own request subject to foregoing his seniority at West Godavari Region. Though the petitioner claims regularization of his services from the date of initial appointment on compassionate grounds, but however, no copy of such order is placed before the Court. Moreover, in the counter aﬃdavit it is categorically stated that the petitioner was appointed on daily wage basis on 08-05-1989 and thereafter his services were decasualised and he was appointed as a Conductor Grade-II with eﬀect from 01-01-1994. As the petitioner was initially appointed as a daily wage worker and later his services were also decasualised as stated in the counter aﬃdavit, there is no reason for the petitioner to seek regularization of his services with eﬀect from 08-05-1989 which is the initial date of his appointment. Moreover, even according to the petitioner, his services were regularized with eﬀect from 01-01-1994. Further, this writ petition is ﬁled nearly 6 years thereafter and there is also no valid explanation for the delay on the part of the petitioner in approaching this Court. In any event, since the initial appointment as sought by the petitioner was made on casual basis and since the said appointment was decasualised and since the petitioner was again given appointment as Conductor Grade-II with eﬀect from 01-01-1994 and since his services were regularized with eﬀect from 01-01-1994 and since any direction for regularization of his services from the date of the initial appointment will eﬀect the rights of the others in the seniority who are not before this Court, no case is made out by the petitioner to seek any direction for regularization of his services retrospectively from the date of initial appointment. The writ petition is thus devoid of merits. Accordingly, the writ petition is dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 04th November 2008 CVRK