IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.19850 of 1999 Between: S. Santosh Raju, S/o.Arikala Raju, R/o.D.No.10/213, Ravindranagar, Cuddapah. ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation, Rep. by its Regional Manager, Cuddappah. 2 Depot Manager, A.P.S.R.T.C., Rayachoty, Cuddapah District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ of mandamus or any other Writ, order or direction more particularly one in the nature, not considering and appointing the petitioner in the retired employees quota as illegal and arbitrary and direct the respondents to appoint the petitioner as Conductor in the 1st respondent Organization and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper. Counsel for the Petitioner: M/S INDUS LAW FIRM Counsel for the Respondents: SMT.W.V.S.RAJESWARI The Court made the following: THE HONOURABLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19850 OF 1999 ORDER: The petitioner seeks a writ of Mandamus to declare the action of the respondents in not considering his claim for appointment under the quota reserved for the children of the retired employees as illegal and arbitrary. 2. The claim of the petitioner, who is the son of a retired employee of the respondent Corporation, is based on a Circular No.PD-6/1992 dated 18.02.1992, issued by the respondent Corporation in pursuance of the Memorandum of Understanding reached between the employees’ Union and the respondent Corporation on 22.08.1991. It is stated that as per the said Circular dated 18.02.1992, 10% of the vacant posts of Conductors in the respondent Corporation have to be ﬁlled with the children of the deceased employees, children of the retired employees and also the children of the employees who have completed 55 years of age or 25 years of service. It is the grievance of the petitioner that though such beneﬁt was extended to one Sivaiah, son of a retired Driver, by appointing him as Conductor, the same is not being extended to him, though he stands on similar footing as that of the said Sivaiah. 3. In the counter aﬃdavit ﬁled on behalf of the respondent Corporation, it is stated that though the respondent Corporation issued the aforesaid circular at ﬁrst instance reserving 10% of vacant posts of Conductors for the children of the retired employees and others as stated above, however, subsequently, Circular No.PD-13/1995 dated 15.02.1995 was issued in supersession thereof, canceling the beneﬁt of appointment extended to the children of retired employees and others by reserving 10% of vacant posts of Conductors. In that view of the matter, the petitioner cannot claim the beneﬁt of appointment to the post of Conductor, based on the circular dated 18.02.1992. 4. With regard to appointment of one A. Sivaiah, son of a retired Driver, as a Conductor, it is to be noted that the father of the said Sivaiah by name A. Linga Murthy retired from service on 31.03.1994 and his claim to provide a job to his son Sivaiah was considered with reference to his application dated 10.11.1994 i.e. prior to the circular instructions dated 15.02.1995. 5. In view of the explanation oﬀered by the respondents with regard to appointment of Sivaiah, it cannot be said that the petitioner is deprived of the beneﬁt of appointment in a discriminatory manner. Further, as much as the earlier circular dated 18.02.1992 was already superseded by another circular dated 15.02.1995 and the benefit of reserving 10% of the vacant posts for appointment of the children of the retired employees and others was cancelled, the petitioner is not entitled for any directions as sought for in this writ petition. 6. The writ petition is devoid of merits and is, accordingly, dismissed. No order as to costs. _________________________ JUSTICE R. SUBHASH REDDY 25th August, 2008 IBL