THE HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.20318 of 2000 ORDER: In this Writ Petition, the petitioner claims seniority over the respondents 5 and 6 in the category of Khalasis and in the promoted post of Vulcanisers, Grade-II, and further questions the orders dated 26- 02-1998 and 17-06-2000 passed by the respondents. 2. The petitioner as well as respondents 5 and 6 were working as cleaners in the Warangal region of Andhra Pradesh State Road Transport Corporation. The petitioner was working in Kothagudem Depot in Khammam District. Respondents 5 and 6 were working at Janagaon and Hanamkonda in Warangal District. When there was a sanction to establish a Tyre Retrading Shop at Warangal, the Regional Manager of Warangal region of Andhra Pradesh State Road Transport Corporation issued notification inviting applications to fill up vacancies in Tyre Retrading Shop at Warangal. In the very notification it is stated, it is proposed to fill up the vacancies of Khalasis at present from the available surplus cleaners working in this region without resorting to fresh recruitment. Further, it indicates such transfer will be considered for appointment as Khalasis on loss of seniority in the earlier region. Pursuant to such notification, the petitioner as well as respondents 5 and 6 were opted for appointment as Khalasis in the Tyre Retrading Shop. With regard to the case of respondents 5 and 6, Office Order dated 15- 05-1995 was passed in Proceedings No.P2/TRS/430(1)/94-RM:WL appointing respondents 5 and 6 to the posts of Khalasis in Tyre Retrading Shop and in the said order it is stated that their seniority in the category of Khalasi will be reckoned at TRS/Warangal from the date of their reporting to duty at that place. So far as the petitioner is concerned, he was permitted to be transferred by Office Order dated 12-09-1995 passed in proceedings No.P2/TRS/430(1)/94-RM:WL. The order, dated 12-09-1995, by which the petitioner was posted as Khalasi, with regard to seniority, reads as under: “The seniority in the category of Khalasi will be reckoned at TRS/Warangal from the date of their reporting to duty at TRS/Warangal, as per the undertaking executed by them in regard to foregoing of seniority in the present region in terms of Regulations 3 & 9 of the A.P.S.R.T.C. Employees’ (Service) Regulations, 1964 and will became junior most in the category of Khalasi in TRS/Warangal.” 3. After the petitioner and respondents 5 and 6 were posted as Khalasis, respondents have prepared a seniority list showing the inter se seniority of the petitioner as well as respondents 5 and 6. When the provisional seniority list was issued, petitioner objected such fixation of seniority of the petitioner and that of the respondents 5 and 6. Rejecting the objections, respondents have passed orders dated 26-02-1998. Thereafter, the petitioner as well as respondents 5 and 6 were promoted to the post of Vulcanisers Grade-II and in the said category also the provisional seniority list was issued, again, at that stage, petitioner preferred objections. Rejecting such objections filed by the petitioner, further order dated 17-06-2000 was passed. Assailing both orders, this Writ Petition is filed. 4. Heard the learned counsel for the petitioner Sri A.K.Jayaprakash Rao and the learned standing counsel appearing for the respondent corporation. 5. It is mainly contended by the learned counsel for the petitioner that as much as all the respondents were selected in common selection proceedings and as the petitioner was senior in the capacity of Cleaner, respondents have committed illegality in showing respondents 5 and 6 herein as seniors to the petitioner in the categories of Khalasis as well as Vulcanisers. It is further submitted that some deputationists were also allowed to work initially in the newly started Tyre Retrading Shop and even their services were absorbed subsequent to the reporting of the petitioner, in spite of the same, they were shown as seniors to the petitioner in the seniority list of Khalasis and Vulcanisers Grade-II. 6. With regard to the said submission made by the learned counsel it is to be noticed that in the very notification it is clearly stated that there is no fresh recruitment to the posts of Khalasis. By the notification dated 13-06-1994, applications were called for willing cleaners for transfer to the posts of Khalasis on loss of seniority in the post of cleaner. Merely because the petitioner was cleaner and appointed earlier in point of time in the said post to that of the respondents 5 and 6, petitioner cannot claim any seniority over them, as much as in the notification itself it is clearly stated that applications will be considered subject to foregoing seniority in the post of cleaner. Even on perusal of the orders of the petitioner as well as the respondents 5 and 6, it is clearly stated that their seniority in the cadre of Khalasi will be reckoned from the date of their reporting in the transferred unit. So far as respondents 5 and 6 are concerned, transfer order was passed on 15- 05-1995 and they have reported in the newly started unit on 19-05- 1995. So far as the Writ Petitioner is concerned, the order itself is dated 12-09-1995 and he has joined in the transferred unit on 18-09-1995. In the order, dated 12-09-1995, transferring the services of the petitioner, it also indicate an undertaking furnished by the petitioner to forego his earlier seniority and to accept as a junior most in the category of Khalasi in newly formed unit of TRS/Warangal. Although the respondents have used wordings loosely, in strict sense, on the perusal of the notification and subsequent orders, it is clear that the vacancies of Khalasis were filled up by considering the applications of the cleaners, who are willing to go to transferred unit by foregoing the earlier seniority. In that view of the matter, the respondents 5 and 6 were transferred in earlier point of time i.e., by office order dated 15-05-1995 and they were joined in the TRS/Warangal on 19-05-1995. In such an event, the petitioner, who is transferred only by the order dated 12-09-1995 by accepting the condition for taking last rank in the category of Khalasi, cannot claim seniority over respondents 5 and 6. In such an event, I do not find any illegality in rejecting objections filed by the petitioner. Similarly, in view of the higher placement in the seniority list in the post of Khalasi, the claims of the respondents 5 and 6 were considered in earlier point of time to the posts of Vulcanisers Grade-II, as such, they have become seniors to the petitioner even in the category of Vulcanisers. In such view of the matter, even in the seniority, which is fixed in the category of Vulcanisers, also no illegality is committed by the respondents. 7. With regard to other argument viz., some deputationists were absorbed in detrimental to the interests of the petitioner depriving his promotional avenues, it is to be noted that such orders of absorption are not challenged in the Writ Petition and deputationists, whose services were absorbed in TRS/Warangal, are not before this Court and they are not impleaded as party respondents. In such view of the matter, it is not open for the petitioner to attack the lists of the seniority with reference to deputationists whose orders are not challenged in the present writ petition. 8. For the aforesaid reasons, this Court is of the view that inter se seniority of the petitioner vis-à-vis respondents 5 and 6 is correctly fixed in the category of Khalasis as well as in the promoted posts of Vulcanisers Grade-II. 9. For the foregoing reasons, I do not find any merit in the Writ Petition for grant of relief as prayed for. However, it is made clear that it is open for the petitioner to question the absorption of the deputationists, stated to be in detrimental to the interests of the petitioner. 10. Subject to above observation, the Writ Petition is dismissed. No order as to costs. ___________________ R.SUBHASH REDDY, J. Date : 26-02-2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20318 of 2000 Between: B.Prabhakar Rao, S/o. Venkataiah, R/o. 2-4-1149, Gokul Nagar, Venkatram Nagar, Hanumakonda, Warnagal Dist. ..... PETITIONER AND 1 A.P., State Road Transport Corporation, Rep. by it's Managing Director, Musheeerabad, Hyderabad. 2 A.P., State Road Transport Corporation Rep. by it's Regional Manager, Warnagal. 3 A.P., State Road Transport Corporation Rep. by it's Works Manager, Zonal work shop, Karimnagar. 4 A.P.State Road Transport Corporation Rep. by it's Assistant Mechanical Engineer, (Tyre Retreading shop), Warangal. 5 Sri B.S.Reddym , S/o (not known to the petitioner), A.P.S.R.T.C., Tyre Retreading Work shop, Warngal. 6 Sri Ranga Rao, S/o. (not known to the petitioner) A.P.S.R.T.C., Tyre Retreading shop, Warangal. .....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 issue an appropriate Writ, Order or Direction, particularly one in the nature of WRIT OF MANDAMUS, declaring that the seniority list published by the respondent-Corporation in the category of Khalasies and also in the category of Vulcaniser Grade -II on 30-9-1997 and 30-4-2000 respectively and also the impugned orders of the respondents in proceedings NO.P5/752(TRS)/97-EM:WL and P4/752(1)/TRL-WL:WM-KR, dt.26-2-1998 and also proceedings NO.P4/752(1)/99-WK:KR,dt.17.6.2000 as illegal, unjust, contrary to law, arbitrary, in violation of principles of natural justice, discriminatory and violative of Articles 14,16,21 of the Constitution of India and grant all consequential benefits. Counsel for the Petitioner:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: SMT.P.RAJANI REDDY (SC FOR APSRTC) The Court made the following :