IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No: 4311 of 2000 Between: K Bhaskar Rao E.79884, S/o Nagaiah D.No. 6-813/25, Kakaninagar, Jaggaiahpet, Krishna District. ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation, Rep by its Vice Chairman & Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad. 2 Andhra Pradesh State Road Transport Corporation, Rep by its Regional Manager, Vijayawada Region, Vijayawada. 3 Andhra Pradesh State Road Transport Corporation, Rep by its Depot Manager, Jaggaiahapeta Depot. .....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 an order dirction or Writ particularly one in the nature of Writ of "Mandamus" or any other appropriate Writ declarijng the oﬃce Order No. P3/255(8)/99-RM(V), dt. 15/6/99 with drawing the selection grade scale of the petitioner herein w.e.f. 1/5/1989 is illegal, arbitrary and consequently set aside the oﬃce order and pass such other order or orders as it may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: Mr.V.V.P.Rao The Court made the following : ORDER: In this writ petition, the petitioner who was working as Conductor in the respondent-Corporation has questioned the Oﬃce Order No.P3/255(8)/99-RM(V), dated 15-06-1999 passed by the 2nd respondent. It is the case of the petitioner that he was initially appointed as Conductor in Warangal Division on 04-02-1979 and subsequently, on his request, he was transferred to Jaggaiahpet Depot in Krishna Division vide Oﬃce Order No.P1/633(1)/81-K dated 25-02-1981. As per Circular No.PD65/1989 dated 03-06-1989, the employees who have completed 12 years of service in the same category were sanctioned special grade scale with eﬀect from 01-05-1989. Subsequently, every year, the employees who have completed 12 years of service in the same category were being sanctioned the special grade scales. The petitioner was sanctioned special grade scale with effect from 01-09-1991 on completion of 12 years of service, but however, on the ground that 12 years period was wrongly computed by taking into his service in Warangal Division, the 2nd respondent, after issuing a show cause notice dated 12-05- 1999, passed the impugned order revising the date of sanction of special grade scale from 01-09-1991 to 01-05-1993 and ordered for recovery of the excess amount drawn by him. From the order impugned, it appears that the special grade scale to the petitioner is to be given eﬀect on the revised date solely on the ground that he was transferred from Warangal Division to Krishna Division on his own request and he has taken last ranking in the seniority in the same category of employees. It is the case of the respondent-Corporation that though the petitioner was appointed on 04-02-1979 in Warangal Division, inasmuch as he was transferred in 1981 from Warangal Division to Krishna Divisional on his own request, the period of 12 years for extending the beneﬁt of special grade scale is to be computed from 1981, but not from 04-02-1979. While it is true that the petitioner was transferred on his own request and on loss of seniority, but however, for extending the beneﬁt of special grade scale what is required is completion of 12 years in the same category. Merely because he was transferred and posted as Grade-II Conductor on 25-02-1981 there is no reason for not computing the service rendered by him from 04-02-1979 as a Grade-II Conductor. As per the circular instructions, the employee who completes 12 years of service in the same category is entitled to the special grade scale. In that view of the matter, the only reason assigned by the respondent-Corporation in the order impugned cannot be sustained. Accordingly, the Oﬃce Order No.P3/255(8)/99-RM:V dated 15-06-1999 impugned in this petition is quashed. The petitioner be given the beneﬁt of special grade scale with eﬀect from 01-09-1991 and the diﬀerence of amount, if any, shall be paid to him within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is allowed as indicated above. No order as to costs. _______________________ R.SUBHASH REDDY, J September 15, 2008 CVRK