IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27082 of 1999 Between: M.S.Narayana S/o.Chalapathi Rao, R/o.Isreal pet, Vijayawada, Krishna District. ..... PETITIONER AND 1 The A.P.S.R.T.C Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, A.P.S.R.T.C., Vijayawada, Krishna District. 3 The Depot Manager, A.P.S.R.T.C. Governorpet-I Depot Vijayawada, Krishna 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 will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in rejecting the claim of the petitioner for promotion as Grade-I conductor vide proc.No.L2/876(62)/97-RM/VJA, dt.27-5-99 as illegal and arbitrary, contrary to Reg.3(a) of A.P.S.R.T.C. Employees Service Regulations, 1964 which was upheld by this Hon'ble Court in W.P.No.1885 of 93 dt.9- 7-98 and as such set aside the same with a consequential direction to the respondents herein to promote the petitioner w.e.f.1-7-96 with all consequential benefits in the interest of justice. Counsel for the Petitioner : MR.S.M.SUBHAN Counsel for the Respondents : GP FOR LABOUR The Court made the following : ORDER : In this writ petition, the petitioner has questioned the validity of the order, dated 27.05.1999, passed by the 2nd respondent-Regional Manager in Proceedings No.L2/876(62)/97-RM/VJA, by which, the claim of the petitioner for promotion to the post of ADC/Conductor Grade-I, is rejected. 2. The petitioner was appointed as a Conductor in the Andhra Pradesh State Road Transport Corporation, on 12th March 1981, and was working in Vijayawada-II Depot. When a new division by name Machilipatnam was formed bifurcating the Krishna Region on 10.04.1987, all the employees were given option to choose the division under which they were willing to work. The petitioner has opted to work in Machilipatnam division. Basing on the option exercised by him, the petitioner was transferred and was posted in Gudivada Depot on 4th August 1988, which comes under Machilipatnam division. 3. Subsequently, the petitioner has made a representation to the Deputy Chief Personnel Manager, APSRTC, Vijayawada, requesting him to transfer to Krishna Division, by giving an undertaking to forego his seniority and become junior-most in Krishna Division, in terms of Regulations 3 and 9 of APSRTC Employees (Service) Regulations, 1964. Considering the representation filed by the petitioner, he was transferred to Krishna Division by an office order, dated 10th January 1989. The undertaking furnished by the petitioner alongwith the request for transfer, reads as under : “I submit that I am willing to relinquish the right of my seniority under Reg.9 of the Employees’ (Service) Regulations, 1964 in the post of Conductor and join on transfer to the Division to which I requested for transfer as junior most in the said category. Thereby I understand I will not have a claim of my seniority in terms of Regulation 3 of the APSRTC Employees’ (Service) Regulations, 1964 at a future date.” 4. In this writ petition, it is the grievance of the petitioner that his juniors, as per his original seniority, were already promoted to the post of ADC/Conductor Grade-I, but he was not promoted to the said post. But, it has to be seen that only on the undertaking given by the petitioner that he was ready to forego his seniority, his claim was considered and he was permitted to work in Vijayawada-II Depot, which comes under Krishna Division, with effect from 30th January 1989. In that view of the matter, and also, in view of the averment made in the counter filed by the respondents that so far as Krishna Division is concerned, promotions to the post of ADC/Conductor Grade-I were given only to those who were appointed prior to 1977, there is no basis for the claim of the petitioner for promotion to the post of ADC/Conductor Grade-I. 5. For the aforesaid reasons, I do not find any merit in this writ petition, which is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 19th March 2009. ajr