IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27374 of 2007 Between: 1 V.Venu, s/o Obulapathi, APSPDCL, Kothapalli Section, A.S.Puram Mandal, Nellore District. 2 Syed Basheer, s/o Husain Peer, APSPDCL, P.N.Palli Section, Marripadu Mandal, Nellore District. 3 N.Ganga Raju, S/o Ganganna, APSPDCL, Pamurupalli Section, Varikintapadu Mandal, Nellore District. 4 T.Srinivasulu Reddy, s/o Ramana Reddy, APSPDCL, Nandavaram Section, Marripadu Mandal, Nellore District. 5 B.Ramachandraiah, S/o Narasaiah, APSPDCL, Vemganpalli Section A.Sagaram mandal, Nellore District. 6 K.Hazarathaiah, S/o Chinnamasthanaiah, APSPDCL, Atmakur, Nellore District. 7 S.Hazarath, s/o Penchalaiah, APSPDCL, Dubagunta Section, A.S.Pet Mandal, Nellore District. 8 B.Rambabu, S/o Subba Reddy, APSPDCL, Ponguru Section, Marripadu Mandal, Nellore District. 9 K.parandamaiah, s/o Venkataramanaiah, APSPDCL, Singanapalli Section, Marripadu Mandal, Nellore District. 10 P.M.Shareef, s/o Dada Peer, APSPDCL, Gangireddy Palli Section, udayagiri Mandal, Nellore District. ..... PETITIONER(S) AND 1 The A.P.Southern Power Distribution Company Ltd., represented byits Chairman & Managing Director, Tirupathi, Chittoor District. 2 The A.P.Southern Power Distribution Company Ltd., represented by its Superintending Engineer, Operation, Nellore, Nellore District. 3 The A.P.Southern Power Distribution Company Ltd., represented by its Divisional Engineer, Operation, Atmakur, Nellore District. 4 the A.p.Southern Power Distribution Company Ltd., represented byits Divisional Engineer, Operation, Udayagiri, Nellore 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 thenature of writof mandamus declaring the impugned proceedings D.No.2317/07 dt.6-12-2007 issued by the respondents 3 and 4 and also declare the action of the respondents in imposing condition to the effect that the absorbed RESCO employees are not entitled for any promotion, as highly, illegal, arbitrary and violative of art.14 of the Constitution of India and contrary to the Service Regulations and consequently direct the respondents to grant promotions, scales and other benefits on par with the other employees andpass suchother order as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.M.KRISHNAIAH Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27374 of 2007 ORDER: The petitioners were employed as Junior Linemen in the Rural Electricity Supply Cooperative Society, Atmakur, Nellore District and their services were regularized between 1997 and 1990. After the re-constitution of the then A.P. Electricity Board, the petitioners came to be absorbed in the A.P. Southern Power Distribution Company Limited, 1st respondent herein, in pursuance of the orders issued by the Government in G.O.Ms.No.125, dated 15.10.2004. Consequential proceedings were issued on 14.12.2004 by the 1st respondent. One of the conditions was that the petitioners shall not be entitled to any promotion. In September 2007, certain increments were added to the pay scales of the petitioners, on the ground that they did not earn promotion for a stipulated period, by treating `1 them on par with the regular employees of the company. On realizing that the petitioners are not entitled for the same, the 4th respondent issued proceedings, dated 06.12.2007, withdrawing the increments and directing recovery of the amounts paid thus far. Hence, this writ petition. The petitioners state that the increments were allowed to them in accordance with the Rules and there is no basis for withdrawing the same. It is contended that the impugned proceedings were not preceded by any show cause notice. The respondents filed a counter affidavit, stating inter alia that the petitioners are not entitled for any increment at all, in view of the conditions imposed in G.O.Ms.No.125, dated 15.10.2004. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. It is a matter of record that while absorbing the petitioners in the 1st respondent-company, a specific condition was imposed to the effect that they shall not be entitled to be promoted to any higher post. The increments that were added to the pay scales of the petitioners are in the nature of compensation for stagnation. Such increments are extendible to such of the employees, who do not earn promotion within the stipulated time. The question of extending benefit of stagnation increment would arise, if only there are any avenues of promotion, and but for variety of reasons, the employee does not earn such promotion. When the G.O. is clear to the effect that the petitioners are not entitled for promotion, the question of extending to them, the benefit of stagnation increment, does not arise. The increments, which were extended, by mistake, were revoked. No illegality can be said to have taken place. The petitioners intend to challenge the condition, denying promotion to them. For that purpose, they have to file a separate writ petition, challenging G.O.Ms.No.125, dated 15.10.2004, to the extent it is against them. Therefore, the writ petition is dismissed, leaving it open to the petitioners to assail G.O.Ms.No.125, dated 15.10.2004. There shall be no order as to costs. _________ 14.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27374 of 2007 Date: 14.07.2008 JSU