IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21409 of 1999 Between: P.V. Raghava Rao, S/o Babu Rao, H.No.11-460, A.B.M.Church Compound, Vishnunadhapuram, Pudili, Pudili Mandal, Prakasam District. ..... PETITIONER AND 1 A.P.S.R.T.C., Rep. by its Regional Manager, Ongole Region, Prakasam District. 2 The Regional Manager, A.P.S.R.T.C., Guntur Region, Guntur. ....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 to issue Writ or order or direction more particularly One in the nature of Writ of Mandamus declaring the proceedings of 2nd respondent in Ref.P2/255(11)/98-RM 'G' dt.9-12-98 thereby rejecting my claim for grant of special grade pay sclae as illegal and arbitrary and further direct the respondents to fix my pay scale in special grade as per the scheme and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the Case. Counsel for the Petitioner:MR.M.RAVINDRANATH REDDY Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No. 21409 of 1999 Order: The petitioner is working as a Conductor in the A.P. State Road Transport Corporation. He was initially appointed on 03.09.1982 in Narsaraopet division, but subsequently, he was transferred to Ongole region (presently Prakasam Region) on his request on 03.06.1995. It is the case of the petitioner that though he completed 12 years of service in particular cadre/post and entitled for special grade scale, he was not extended the said benefit, as such he made a representation dated 19.04.1998 through the Depot Manager, Podili. However, by impugned proceedings dated 9th December 1998, the request of the petitioner for extending the special grade scale was rejected on the ground that he was transferred to Ongole region (presently Prakasam Region) on loss of seniority on 03.06.1995, and as much as he has not completed 12 years of service from the date of service in Ongole Region, he is not eligible for the special grade scale. It is the case of the petitioner in the writ petition that the benefit of special grade is extended to those who did not get regular promotion for want of vacancies for a considerable period, as such merely because he was transferred from one region to other region, same is no ground at all to reject his claim. Though the writ petition is of the year 1999, no counter affidavit is filed by the respondents so far. However, it is submitted by the learned Standing Counsel appearing for the respondents that subsequent to filing of the writ petition, there was a bipartite agreement entered into between the management and the union to extend the benefit of special grade scale even for those who are transferred from one region to other on their request. But the said agreement, alleged to have been entered into between the management and the union, is not placed before this Court. The very grant of special grade scale is to avoid stagnation in the same post for a considerable period. Merely because the petitioner has made a request for change of region on loss of seniority, that by itself is no ground at all to reject the benefit of special grade. As much as no counter affidavit is filed, and it is also the case of the petitioner that in the original region itself he has already completed 12 years of service and dehors the settlement also he is otherwise eligible for special grade, I deem it appropriate to allow the writ petition with the following directions: The order dated 09.12.1998, passed in proceedings No.P2/255(11)/98-RM ‘G’, and further order dated 28.11.1999 issued in proceedings No.L1/876(41)/89-RM(O) are hereby set aside. The respondents are directed to consider the request of the petitioner afresh by computing his service from the date of initial appointment for the purpose of extending the benefit of special grade scale, and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. The writ petition is allowed to the extent indicated above. No order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 21.08.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 A.P.S.R.T.C., Rep. by its Regional Manager, Ongole Region, Prakasam District. 2 The Regional Manager, A.P.S.R.T.C., Guntur Region, Guntur. 3.2CCs to 4.2CD copies Form-NIC-OGS/WP{ANURADHA}