IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No.23301 of 1996 DATED 22-1-2007 BETWEEN Sri K.V.R.Narsinga Rao. .. Petitioner And The Depot Manager, APSRTC, Salur Depot, Vizianagaram and 3 others. .. Respondents THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.23301 OF 1996 ORDER: Seeking a direction to respondents 2 and 3 to promote the petitioner as per proceedings No.P3/255(2)/96-RM-VZM dated 4.6.1996, the present writ petition has been filed. The petitioner was initially appointed as a cleaner in Kareemnagar region on 9.4.1994. He was transferred to Vizianagaram region at his request on the condition that he would forego his seniority in Kareemnagar region according to Circular No.PD-53/88 dated 16.6.1988 and, as a result, he became the junior most amongst the cleaners at Vizianagarm region. The petitioner joined duty at Salur depot in Vizianagaram region on 1.9.1995. While so, the Regional Manager, Vizianagaram, addressed a letter to all the Depot Managers of Vizianagaram region on 30.4.1996 informing them of the proposal of the regional office to conduct a trade test to the post of Mechanic Grade-II in Vizianagaram region. All the Depot Managers were requested to forward applications in the prescribed proforma from among hammer men, helpers and cleaners, who had put two years of service in respect of ITI candidates and 4 years of service in respect of non ITI candidates. The Depot Managers were also requested to give wide publicity by exhibiting the notiﬁcation on the notice board. Consequent thereto, the petitioner submitted his application. After receiving the applications from all the Depot Managers in Vizianagaram region, only 13 candidates were selected for the trade test and, vide proceedings dated 17.5.1996, the Regional Manager, Vizianagaram issued proceedings informing the Depot Managers that a trade test was proposed to be conducted on 25.5.1996 at 10.00 a.m. at the Zonal Workshop, Vizianagarm for the willing and eligible hammer man/helper and cleaners to the post of Mechanic Grade- II. The name of the petitioner stands at serial No.10 in the said list of 13 candidates. Consequent to the trade test being held results were declared vide proceedings dated 4.6.1996 wherein the petitioner was shown at serial No.4. Since the person at serial No.3 had failed, the petitioner stood at serial No.3 in the list of candidates who had passed the trade test. However, vide oﬃce order dated 31.8.1996, four persons were given temporary promotions as Mechanic Grade-II based on the recommendations of the Departmental Promotion Committee. The petitioner’s name did not ﬁnd a place therein. In the selected list of candidates, Mr.L.V.Punna Rao who was shown at serial No.1 and Mr.S.N.Kumar, who was shown at serial No.4 were earlier at serial Nos.10 and 12 respectively in the proceedings dated 4.6.2006. According to the petitioner, these two persons stood below the petitioner on merit from amongst the candidates who had passed the trade test as per proceedings dated 4.6.2006 and hence the petitioner ought to have been promoted as Mechanic Grade-II before these two candidates were promoted. Smt. B.G.Uma Devi, learned standing counsel for the respondent Corporation, on the other hand, would refer to the APSRTC Employees (Recruitment) Regulations, 1964 which prescribes the method of recruitment to the post of Artisan (Mechanic Grade-II). The method of promotion, as speciﬁed in the regulations, is as follows; Category of post Method of Recruitment Qualifications Artisan Grade-II In a unit of 4 vacancies: a) The ﬁrst 3rd and 4th vacancies shall be ﬁled by promotion by selection from the ranks of I) Hammer man/Machine Minder ii) Helper, if suitable otherwise from the ranks of Cleaner/Khalasis. B) The second vacancy shall be ﬁlled in by direct recruitment by selection of an ITI candidates, who has successfully c o m p l e t e d his apprenticeship training. C) If an ITI candidate in a particular trade for direct recruitment post is not available, the vacancy may be ﬁlled in by s e l e ct i o n of a candidate other than ITI. For promotion a)Hammer man/Machine Minder /Helper and the Cleaner/Khalasi must pass a trade test in which the vacancy exist and they shall have put in a minimum qualifying service of two years and four years if they are possessing ITI and non-ITI qualiﬁcation respectively to appear for the trade test. b) Must be able to read and write simple sentences in Telugu, English or Hindi. c) From among the eligible candidates who have passed trade test, preference shall be given in selection in the sequence shown hereunder. i) Hammerman/Machine Minder (inter-se- seniority shall be maintained between Hammerman and Machine Minder Categories taking the d a t e of appointment/promotion to the post as the criteria. ii) Helper iii) Cleaner/Khalasi. Promotion to the post of Artisan Grade-II (Mechanic Grade- II) is from among the hammer man/machine winder, helper and cleaners who are required to pass the trade test and to have put in a minimum qualifying service of two years and four years, if they possess ITI and non ITI qualifications respectively. The fact that the petitioner passed ITI before he appeared for the trade test is not in dispute. The only question, which arises for consideration, is as to whether he has the minimum qualifying service of two years as a cleaner for being eligible for promotion to the post of Mechanic Grade-II. Smt.B.G.Uma Devi, learned standing counsel for the respondent Corporation, would submit that since the petitioner was transferred to Vizianagaram Region at his request on condition that he would forego his seniority as a cleaner at Kareemnagar from 9.4.1994, his services at Kareemnagar are required to be ignored and it is only his service from 1.9.1995 at Vizianagaram Region which is required to be taken into consideration. Learned standing counsel would further submit that promotions are eﬀected region-wise and therefore the service rendered in another region cannot be taken into consideration for determining the qualifying service. Learned standing counsel would also place reliance on Regulations 3 and 4 of the APSRTC Regulations, 1964 which read as under; 3. Seniority: a) The seniority of a person in service, class, category or grade shall unless he has been reduced to a lower rank as a punishment, be determined by the date of his ﬁrst appointment to such service, class, category or grade. If any portion of the service of such person does not count towards probation his seniority shall be determined by the date of commencement of his service, which counts towards probation. b) The appointing authority may, at the time of passing an order appointing two or more persons simultaneously to a service ﬁx the order of preference among them and where such order has been ﬁxed seniority shall be determined in accordance with it. c) The transfer of a person from one category or grade of a service to another category or grade carrying the same pay or scale of pay shall not be treated as a ﬁrst appointment to the later for purposes of seniority and the seniority of a person so transferred shall be determined with reference to the date of his ﬁrst appointment to the category or grade from which he was transferred. Where any diﬃculty or doubt arises in applying this regulation, seniority shall be determined by the appointing authority. d) Where a member of any service, class, category or grade is reduced to a lower service class, category or grade, he shall be placed at the top of the later unless the authority ordering such reduction directs that he shall take rank in such lower service, class, category or grade next below any speciﬁed member thereof. 4. Promotion: a) No member of a service or class of service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category. b) i) Promotion in a service or class to a selection category or to Selection Grade shall be made on grounds of merit, seniority being considered only where merit is approximately equal. ii) In case of Schedule Caste/Schedule Tribe candidates so long as such candidate is considered ﬁt for promotion or appointment in a service or class to a Selection Category or to a Selection Grade it shall be made according to seniority and a Schedule Caste/Schedule Tribe candidates should be superceded only where the appointing authority comes to the conclusion that the candidate is un-ﬁt to hold the post. A scheduled caste/Schedule Tribe candidate does not have to compete with others on the basis of comparative merit. No Scheduled caste/Schedule Tribe candidates, who is ﬁt for promotion/appointment can be superceded by any junior on the ground that the later possesses superior merit and ability. This concession holds good as long as the concession granted to Scheduled caste/Scheduled Tribe candidate in the matter of employment under Regulation is valid. iii) The number of eligible candidates to be considered for selection should be limited to 3 times the no. of persons proposed to be put on the panel. c) All other promotions shall subject to the provisions of Regulation 16 of Andhra Pradesh State Road Transport Corporation Employees (Recruitment) Regulations be made in accordance with seniority. d) A member of service or a Class of service may be required to get himself/herself relieved and join in the higher post within 30 days from the date of receipt of the order of promotion. e) Where any employee fails to join or evades joining by applying leave or otherwise the new post to which he is promoted within the prescribed time limit of 30 days the employees shall forfeit all his/her right upto the next selections, for such higher post. The authority shall make a mention of the above in the order of promotion.” I am afraid, both these contentions do not merit acceptance. Regulation 3(a) provides that seniority of a person in the service shall be determined by the date of his ﬁrst appointment to such service. Regulation 4 deals with promotion and under clause (a) thereof, no member of a service or class of service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category. Clause (b) (i) of Regulation 4 provides that Promotion in a service or class to a selection category or to Selection Grade shall be made on grounds of merit, seniority being considered only where merit is approximately equal. It is not even the case of the Corporation that the inter se merit of the candidates who passed the trade test was equal and as such seniority was required to be taken into consideration to decide as to which of the candidates is required to be promoted. The only ground on which the petitioner’s case was rejected was that he did not complete the minimum required qualifying service of two years. The mere fact that at his request the petitioner was transferred to Vizianagaram Region and he agreed to forego seniority would not wash away the services rendered by him at Kareemnagar. If promotion is on the basis of seniority alone, then the petitioner, having voluntarily chosen to go to Vizianagarm and having agreed to take last place in the seniority list, would not have been eligible for promotion. The regulations, in the present case, provides for promotion by way of selection and merit and requires a candidate to have passed the trade test and to possess a minimum qualifying service of two years if he is an ITI certiﬁcate holder. Since the petitioner has the requisite two years service as a cleaner i.e. from 9.4.1994 at Kareemnagar, till 1.9.1995 when he joined at Vizianagaram and from 1.9.1995 to 30.4.1996 at Vizianagaram, he has put in the minimum required two years of service prior to the date of notification. The contention that, as selection is made only for Vizianagaram region, the services rendered only at Vizianagaram must be taken into consideration must also be rejected. The APSRTC Regulations apply to the State as a whole. The regulations do not stipulate that the experience of an employee must only be at the region in which he is sought to be promoted. Merely because candidates were sought to be promoted as Mechanic Grade-II in Vizianagaram Region, it does not entitle the respondent Corporation to ignore the services rendered by the petitioner earlier at Kareemnagar. For the foregoing reasons, the writ petition is allowed. The petitioner shall be entitled to be promoted as Mechanic Grade-II on the basis of his merit and should be placed above the persons who secured lesser marks than him and were promoted vide proceedings dated 31.8.1996. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Dt: 22.1.2007 msv.