*THE HON’BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3332 of 2006 % 25-06-2008 Between: # K.Ramulu …Petitioner And $ The Regional Manager,A.P.S.R.T.C. Mahaboobnagar, Mahaboobnagar District, A.P. and another. …Respondents ! COUNSEL FOR PETITIONER: Sri P.Venkateswar Rao ^ COUNSEL FOR RESPONDENTS: Smt. B.G.Uma Devi < Gist: > Head Note: ? CITATIONS: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3332 of 2006 Between: K.Ramulu, S/o.Venkanna, APSRTC, Wanaparthy Bus Depot, at Wanaparthy, Mahabubnagar District, A.P. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Mahabubnagar Region, Mahabubnagar District, A.P. 2 The Depot Manager, APSRTC, Wanaparthy Bus Depot, Mahabubnagar District, A.P. .....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 or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not allowing the Special Grade/stagnation Increment to the petitioner with effect from his completion of 12 Years Special Grade is arbitrary, illegal, unjust, unreasonable, contrary to the circulars and judgments of this Hon'ble Court by setting aside the circular No.PD-30/2005, dated.04-06- 2005 in concerned with the portion of denial of the financial benefit and consequently direct the respondents to effect the 12 years Special Grade/Stagnation increment to the petitioner with effect from his completion of 12 years of service irrespective of the regions by counting the ADC/Controller services by paying arrears and pass such other order or orders. Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3332 of 2006 ORDER: The petitioner was employed as a Driver in the A.P.S.R.T.C. on 01.02.1978. He was promoted as Cotnroller on 08.08.1990 in Ranga Reddy region. On personal reasons, the petitioner opted to function as a Driver and on his request, he was reverted to the post of Driver, vide proceedings, dated 30.03.1994, and was posted in Mahaboobnagar region. The Corporation issued a Circular, dated 03.05.1989, providing for grant of stagnation increment to the employees, who do not earn any promotion, for a period of 12 years. The petitioner claims benefit under the said circular. The respondents filed a counter affidavit, disputing the claim of the petitioner. It is stated that once the petitioner was extended the benefit of promotion, the question of granting stagnation increment to him does not arise. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. By its very nature, stagnation increment is extendible to those employees, who do not have any avenues of promotion, for the stipulated period. It could be on account of lack of vacancies or absence of qualifications in the incumbent. Where, however, an employee is promoted, but he chooses either not to accept the promotion or seek reversion after accepting it, the question of extending the benefit of stagnation increment does not arise. Relief, if granted, in such cases, would in fact be a contradiction in terms. It is a matter of record that the petitioner was extended the benefit of promotion in the year 1990 and he remained in the superior post for a period of three years and thereafter, sought reversion. Therefore, the question of extending the benefit of stagnation increment to the petitioner does not arise. Learned counsel for the petitioner places reliance upon clarifications issued in the Circular, dated 05.09.1989. A perusal of the same discloses that they are hardly of any help to the petitioner. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. _________ 25.06.2008 Note: L.R. Copy to be marked. (B/o) JSU .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3332 of 2006 Date: 25.06.2008 JSU