IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13750 of 2008 Between: N.Rama Rao, S/o. rajeeru, R/o. H.No.6-8-85, Sagaraveedhi, Hanamakonda, Warangal, Warangal District. ..... PETITIONER AND 1 The Depot Manager, APSRTC Depot, Warangal 1 Depot, Warangal, Warangal District. 2 The APSRTC Rep by its Regional Manager, APSRTC , Warangal Region, Warangal, Warangal 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, Order, or Direction, more particularly one in the nature of Writ of Mandamus directing the Respondents to consider the case of the Petitioner for promotion to the post of Assistant Depot Clerk in Warangal Region by taking into consideration his date of apppointment as 27-1-1981 and consequently declare the action of the Respodnents in taking steps to promote juniors to the Petitioners as Assistant Dept Clerks without publishing the seniority list of conductors eligible for promotin to the post of Assistant Depot Clerk, in the Interest of Justice and pass Counsel for the Petitioner:MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent No.: SMT.P.RAJANI REDDY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13750 of 2008 ORDER: The petitioner was appointed as a Conductor in the Warangal Region of A.P.S.R.T.C. on 27.01.1981. He was imposed the punishment of removal from service, vide orders, dated 30.03.1983. After exhausting the departmental remedies of appeal and review, the petitioner raised an Industrial Dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’) before the Labour Court, Warangal and it was taken up as I.D.No.179 of 1986. Through its award, dated 26.08.1987, the Labour Court had set aside the order of removal and directed reinstatement of the petitioner, without back wages. It was also directed that on reinstatement, the petitioner shall start at the salary, which he was drawing on the date of removal, and the punishment of stoppage of annual increments for a period of three years was imposed. The petitioner states that the award was upheld by this Court, when challenged by the respondents, and though he has put in fairly long service, he is denied the promotion to the post of Assistant Depot Clerk. He seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. If the initial date of appointment of the petitioner as a Conductor, being 27.01.1981 is taken into account, there would be about 25 years of service to his credit. However, this was interrupted by an order of removal. The Labour Court had, no doubt, set aside the order of removal, but it left something to be understood, so far as the continuity of the petitioner in service is concerned. The questions as to whether the petitioner would have the benefit of continuity of service or not; and whether he is entitled to be promoted as Assistant Depot Clerk, need to be examined by the respondents. As of now, the petitioner has not submitted any representation. Hence, the writ petition is disposed of, leaving it open to the petitioner to make a representation, ventilating his grievance; and the respondents, in turn, shall consider the same, in accordance with law and pass appropriate orders, within a period of two (2) months from the date of receipt of the representation. There shall be no order as to costs. _________ 30.06.2008 Note: Issue C.C. in three days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13750 of 2008 Date: 30.06.2008 JSU