IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2218 of 2006 Between: Sr.G.Rama Rao S/o.Venkataswamy R/o.Ongole, Prakasam district ..... PETITIONER AND 1 A.P.State Road Transport Corporation, rep.by the Managing Director, Musheerabad, Hyderabad 2 APSRTC., rep.by its Executive Director, C&D, Nellore .....RESPONDENTS 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 call for the records from the respondents and issue appropriate writ order or direction particularly one in the nature of writ of mandamus declaring the proceedings of the 2nd respondent in E3/255(37)/1999-NZ, dated 27.1.2000 and proceedings No.E3/813(19)/2004-NZ dated 21.12.2004 as illegal, unjust contrary to law and without jurisdiction and grant all consequential benefits. Counsel for the Petitioner:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents: MR.C.PRAKASH REDDY The Court made the following : ORDER: The petitioner was selected and appointed as a Shramik in the Tyre Retreading Shop (TRS) at Nellore, by the APSRTC, in the year 1992, on casual basis. Subsequently, he was promoted/appointed as Vulcanizer Grade-II. With effect from 18.06.1993, his appointment, as Vulcanizer Grade-II, was treated on regular basis. In the year 1999, the petitioner submitted an application with a request to transfer him to Addanki depot of Ongole division, on domestic problems. Since the post of Vulcanizer was specific to TRS, which is an independent unit, the petitioner had to forego his promotion and proceed to Addanki depot, on transfer as junior most Shramik, in that region. After working there for about 3 years, the petitioner made a request to transfer him to TRS, Nellore. His request was acceded to and the petitioner was transferred, vide office order, dated 26.12.2003. On such transfer, he was treated as a junior most Shramik at TRS, Nellore. The petitioner made representations to the Executive Director, C & D, Nellore, the second respondent herein, with a prayer to restore his seniority. Vide proceedings, dated 21.12.2004, the second respondent informed the petitioner that his request cannot be acceded to. Hence, this Writ Petition. Sri A.K.Jayaprakash Rao, learned counsel for the petitioner, submits that whatever may have been the justification in reverting the petitioner from Vulcanizer Grade-II to Shramik, while transferring him from TRS, Nellore to Addanki in Ongole division, there was no basis for treating the petitioner as junior most Shramik on retransfer to TRS, Nellore. He contends that the original appointment of the petitioner was in the TRS and even if the petitioner was made to forego the benefit of promotion, his seniority in the lower category cannot be denied. Sri C.Prakash Reddy, learned Standing Counsel for the respondents, on the other hand, submits that two transfers of the petitioner were on the basis of the request to different units and naturally, he has to take junior most place in the unit to which he was transferred. He submits that the second respondent has examined the matter in detail and no interference is warranted with the same. After joining the TRS, Nellore, as Khalasi, in the year 1992, the petitioner acquired promotion shortly thereafter, and functioned as such for about 7 years. On account of pressing domestic problems, he sought transfer to Addanki depot. Since there is no post of Vulcanizer Grade-II in the depot, the petitioner was left with no alternative, except to go to that place, on transfer, as Khalasi after reversion. He had to forego the benefit of 8 years of service and take the junior most place as Khalasi at Addanki. Three years thereafter, he was transferred to the unit of his original appointment, namely, TRS, Nellore. The agony of the petitioner got aggravated, on account of the fact that 10 years after his initial appointment, he became the junior most Khalasi in that unit. Though the stand taken by the respondents cannot be said to be illegal, as such, certain extraordinary features are discernable in this case. On a request transfer, from one unit to another, the employee has to forego the seniority and join as junior most in the cadre in the unit to which he is transferred. This course is adopted with a view to protect the seniority of the employees working in the other unit. Where, however, the employee gets back to the unit of his original appointment, hardly there exists any affected persons. There is nothing in law, which warrants the denial of benefit of the seniority from the date of initial appointment to an employee even assuming that he worked in other places for some time. Therefore, the petitioner cannot be denied the benefit of the seniority in the post of Shramik from the date of his appointment in the TRS, Nellore, where he was initially appointed. So far as the promotion to the post of Vulcanizer Grade-II is concerned, the petitioner had to forego the same for accommodating his request and he cannot seek automatic promotion on his retransfer to TRS, Nellore. At the most, he would be entitled to be promoted/appointed forthwith, but with prospective effect. Hence, the Writ Petition is partly allowed, setting aside the impugned order and directing that: a) the petitioner shall be entitled to count his seniority in the post of Shramik from the date of initial appointment in Tyre Retrading Shop, Nellore, and b) he shall be entitled to be promoted/appointed as Vulcanizer Grade-II with prospective effect. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dt:18.06.2008 GJ