IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION Nos.4656, 6449, 7016 and 7027 of 2000 WRIT PETITION No.4656 of 2000 Between: 1 A.P.S.R.T.C. Employee Union, Rep. by Regional Secretary C. Anjaneyulu S/o C. Subbanna Cuddapah 2 Sri G.L.Narayan S/o G. Chowdappa R/o D.No.6-450/1, Sankarapuram Post, Cuddadpah-516 002. ..... PETITIONERS AND 1 Andhra Pradesh State Road Transport Corporation Rep. by its Vice Chairman Musheerabad, Hyderabad-500 020. 2 Andhra Pradesh State Road Transport Corporation Rep. by its Executive Director (Adm.) Musheerabad, Hyderabad-500 020. 3 Andhra Pradesh State Road Transport Corporation Rep. by its Executive Director Cuddapah Zone. 4 Zonal Workshop A.P.S.R.T.C., Rep. by its Works Manager Cuddapah. 5 Labour Welfare & Industrial Relation Officer, A.P.S.R.T.C., Cuddapah. 6 A.P.S.R.T.C., Accounts Wing, Rep. by its Accounts Officer Cuddapah. .....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 direction or writ particularly one in the nature of Writ of Mandamus declaring the action of the respondent in withdrawing the notional increments given to the employee of the Zonal Workshop, Cuddapah on promotion from Special Grade who were promoted prior to 1-8-1994 is wholly illegal and arbitrary and consequently direct the respondent not to withdraw the notional increments give to the employee on promotion to Special Grade to second petitioner and employees mentioned in the Annexure-A to the Writ Petition and grant such further order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI; WRIT PETITION No.6449 of 2000 Between: 1 A.P.S.R.T.C., National Mazdoor Union Non-Operational Region, rep.,by Regional President Sri P.Ramaiah,S/o.Munaiah Cuddapah. 2 R.Rama Raju, Mechanic E.64501, S/o. China Ranga raju, R/o. Cuddapah. ..... PETITIONERS AND 1 Andhra Pradesh State Road Transport Corporation, Rep., by its Vice Chairman and Managing Director, Musheerabad, Hyderabad. 2 The A.P.S.R.T.C., Rep., by its Executive Director (Admn.,) Musheerabad, Hyderabad-500 020. 3 Zonal Work Shop, A.P.S.R.T.C., Rep., by its Works Manager, Cuddapah. 4 Labour Welfare & Industrial Relation Officer, A.P.S.R.T.C., Cuddapah. 5 A.P.S.R.T.C., Accounts Wings, Rep., by its Accounts Officer (P&A). Cuddapah, .....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 or writ particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in withdrawing the national increments given to the employees of Zonal Work Shop, Cuddapah on promotion from Special Grade who were promoted prior to 1.8.1994 vide Proc.No.P3/544(1)/97- ZWS-CDP dt.4.4.2000 is unjust wholly illegal and arbitrary and consequently direct the respondents not to withdraw the notional increments given to the employees mentioned in the impugned order to the Writ Petition and grant such further order or orders. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI ; WRIT PETITION No.7016 of 2000 Between: 1 G.Bali Reddy E.74715, S/o. R.Reddy, All are R/o. Cuddapah and Working in 3rd Respondents Office. 2 V.R.Rao, E.74713, S/o. Krishna Murthy, All are R/o. Cuddapah and Working in 3rd Respondents Office. 3 A.R.L.Rao, E.74719, S/o. Ranganatham, All are R/o. Cuddapah and Working in 3rd Respondents Office. 4 S.A.K.Khasim, E.65889, S/o. Lateef, All are R/o. Cuddapah and Working in 3rd Respondents Office. 5 T.S.S.Rao, E.65889, S/o. Koteswar Rao, All are R/o. Cuddapah and Working in 3rd Respondents Office. 6 M.Noorullah, E.74712, S/o. Venkateswar Rao, All are R/o. Cuddapah and Working in 3rd Respondents Office. 7 M.Noorullah, E.74726, S/o. Ibrahim All are R/o. Cuddapah and Working in 3rd Respondents Office. 8 P.S.S.Reddy, E.74762, S/o. Peddi Reddy, All are R/o. Cuddapah and Working in 3rd Respondents Office. 9 S.A.Basha, E.74881, S/o. Zareeb Saheb, All are R/o. Cuddapah and Working in 3rd Respondents Office. 10 K.Pullaiah, E.74774, B.S., S/o. Ayyappa, All are R/o. Cuddapah and Working in 3rd Respondents Office. 11 P.N.Swaminatham, E.83918, Tin Smith, S/o. P.S.Paulrai, All are R/o. Cuddapah and Working in 3rd Respondents Office. 12 B.Krishnaiah, E.69322, Leading Hand, S/o. Venkata Raju, All are R/o. Cuddapah and Working in 3rd Respondents Office. 13 S.P.K.Raju, E.64497, Valcaniger, S/o. Venkata raju, All are R/o. Cuddapah and Working in 3rd Respondents Office. 14 P.Subbarayudu, E.64486, Vulcaniger, S/o. Subbaiah, All are R/o. Cuddapah and Working in 3rd Respondents Office. 15 M.Ramoji Rao, E.64514, Vulcaniger, S/o. Narsinga Rao, All are R/o. Cuddapah and Working in 3rd Respondents Office. 16 Ch.Prem Kumar, E.64484, Vulcaniger, S/o. Ramanaiah, All are R/o. Cuddapah and Working in 3rd Respondents Office. ..... PETITIONERS AND 1 Andhra Pradesh State Road Transport Corporation, Rep.,by its Vice Chairman and Managing Director, Musheerabad, Hyderabad. 2 The A.P.S.R.T.C., Rep., by its Executive Director (Admn), Musheerabad, Hyderabad. 3 Zonal Work Shop, APSRTC, Rep., by its Works Manager, Cuddapah. 4 Labour Welfare & Industrial Relations Officer, A.P.S.R.T.C., Cuddapah. 5 A.P.S.R.T.C., Accounts Wings, Rep., by its Accounts Officer, (P&A). Cuddapah, .....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 action of the Respondents in withdrawing the national increments given to the petitioners on promotion from Special grade who were promoted prior to 1.8.1994 vide Proc.No.P3/544(1)/97-ZWS-CDP, dt.4.4.2000 is unjust, wholly illegal and arbitrary, contrary to well established principles of law and against the same with a consequential direction to the respondents herein not to withdraw the national increments given to the employees on promotion to special grade to the employees/petitioners in the impugned order dt.4.4.2000 and grant such further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI; and WRIT PETITION No.7027 of 2000 Between: 1 N.Vittal Singh, S/o. Hari Dayal Singh, R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4- 4, Krishnadevaraya Colony, Cuddapah. 2 K.Prakasham, S/o. K.James, R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4- 4, Krishnadevaraya Colony, Cuddapah. 3 H.A.Khader, S/o. Khasim Peeran, All are R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 4 R.J.Prasad, S/o. Benzimanm All are R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 5 V.C.Kesavulu, S/o. V.Pullappa, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 6 D.Koteswara Rao, S/o. Venkaiah, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 7 K.Chandra Rao, S/o. Venkaiah, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 8 P.Gopal Reddy, S/o. Narayana Reddy, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 9 V.C.Mouli, S/o. V.L.N.Setty, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 10 C.Janardhan Reddy, S/o. C.Ramachandrareddy, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 11 P.N.K.Babu, S/o. Rajaram, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 12 D.Rami Reddy, S/o. Venkatareddy, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 13 M.Subarayudu, S/o. Subbarayudu, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 14 S.V.U.T.Raju, S/o. S.V.A.N.Raju, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 15 G.Veeraiah, S/o. Venganna, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 16 G.Jagaramaiah, S/o. Gurrappa, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 17 T.Narayana, S/o. Obanna, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 18 S.V.Ramana, S/o. Pitchaiah, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 19 V.Srinivasulu, S/o. Kondaiah, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 20 C.H.Venkateswara Rao, S/o. Thammaiah, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 21 J.V.B.Rao, S/o. Venkoba Rao, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 22 K.Naganna, S/o. Narayana, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 23 D.Dhyariam, S/o. B.George, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 24 M.V.Kumar, S/o. Devadas, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. 25 C.V.Chalapati, S/o. Ramaiah, All re R/o. Cuddapah and their addresses is care of D.Koteswara Rao, 4-4, Krishnadevaraya Colony, Cuddapah. ..... PETITIONERS AND 1 Andhra Pradesh state Road Transport Corporation Rep., by its Vice Chairman, Musheerabad, Hyderabad-500 020. 2 Andhra Pradesh State Road Transport Corporation Rep., by its Executive Director, (Admn.,) Musheerabad, Hyderabad-500 020 3 Andhra Pradesh state Road Transport Corporation, Rep., by its Executive Director. Cuddapah Zone. 4 Zonal Workshop A.P.S.R.T.C., Rep., by its Works Manager, Cuddapah. 5 Labour Welfare & Industrial Relation Officer A.P.S.R.T.C., Accounts Wing, Cuddapah. 6 A.P.S.R.T.C.,Accounts Wing, Rep., by its Accounts Officer (P&A). Cuddapah .....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 direction or writ particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withdrawing the national increments given to the employees of the Zonal Workshop, Cuddapah on promotion from Special Grade who were promoted prior to 1.8.1944 vide notification No. P3/544(1)/97-ZWS-CDP dated 4.4.2000 is illegal and arbitrary and consequently direct the respondents not to withdraw the notional increments given to the petitioners on promotion to Special Grande and grant such further order or orders. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : COMMON ORDER: All these four Writ Petitions are similar and the question that arises for consideration in all these Writ Petitions is also the same. Therefore, all the Writ Petitions are heard together and are being disposed of by this common order. 2. The petitioners in these Writ Petitions are working as Grade-I mechanics in a Zonal Workshop, Tyre Retreading at Cuddapah in the Andhra Pradesh State Road Transport Corporation. Earlier to their promotion to the post of Grade-I mechanics, they were Grade-II mechanics. On the ground that they have completed 12 years of service as Grade-II mechanics without any promotion, they were placed on a special grade and were extended the benefit of special grade increment. Subsequently, they were promoted to the post of Grade-I mechanics from the post of Grade-II mechanics and their pay was fixed in the scale attached to the post of Grade-I, by adding one more increment, in terms of Regulation 9(1) (a) of APSRTC Pay & Allowances Regulations 1964 (for short ‘the Regulations’). 3. It is the case of the petitioners that one Mr. V.P. Reddy, who is working as Grade-I mechanic, has submitted a representation in the year 1997 to step-up his pay on the ground that Sri G.L. Narayana, who is junior to him, was drawing more pay than him, and requested to take action in the matter. At that stage, on the ground that the pay of said G.L. Narayana was wrongly fixed, the Executive Director (Administration), A.P.S.R.T.C., Hyderabad, has ordered for re-fixation of the pay of the employees, who were extended the benefit of increments twice, and accordingly, the Labour Welfare & Industrial Relation Officer, A.P.S.R.T.C., Kadapa has passed orders withdrawing the increments given to the employees of the Zonal Workshop and fixed their pay, by the notification issued in proceedings No.P3/544(1)97-ZNS- CDP, dated 04-04-2000. 4. In these Writ petitions, the petitioners contend that the increments, which were rightly granted to them while fixing their pay on promotion to the post of Grade-I mechanics from the post of Grade-II mechanics in terms of Regulation 9 (1) (a) of the Regulations, are cancelled without any valid reasons. 5. In the counter affidavits filed on behalf of the respondents, it is stated that as much as the petitioners were already extended the benefit of special grade increment on completion of 12 years of service in Grade-II post, they were not entitled for additional increment, which was added while fixing their pay after their promotion to the post of Grade-I mechanics. 6. Heard Sri G.Vidyasagar, learned counsel for the petitioners and Smt. W.V.S. Rajeswari, learned Standing Counsel appearing for the respondents. 7. Although the impugned order is questioned by the petitioners on the ground that their pay was fixed by adding one special grade increment in terms of Regulation 9 (1) (a) of the Regulations, but when the matter is taken up, it is submitted by the learned counsel for the petitioners that as much as all the employees were ITI holders, their pay and allowances are governed by Regulation 9 (1) (c) but not 9 (1) (a) of the Regulations. Further, it is also not disputed that before revising the pay, the affected employees were not put on notice and their pay was revised, based on the directions issued by the Executive Director (Administration), Hyderabad. 8. Though it is argued by the learned Standing Counsel for the respondents that the petitioners are not entitled for additional increment as provided under Regulation 9(1) (c) of the Regulations, but a perusal of the impugned order, and also the averments in the counter affidavit would go to show that the pay of the petitioners was fixed by extending the benefit under Regulation 9 (1) (a) of the Regulations. It is the specific case of the respondents that as much as the petitioners were given the benefit of special grade increment on completion of 12 years in Grade-II post, as such, they are not entitled for additional increment, while fixing their pay on promotion to the post of Grade-I. But, it is not necessary for this Court to go into the said aspect in detail for the reason that the pay of the affected employees was revised by withdrawing the special grade increment without giving any opportunity to them. As much as the said order was passed, only based on the directions issued by the Executive Director (Administration), Hyderabad, without giving opportunity to the affected employees, this court is of the view that the order, dated 04-04-2000, is passed in gross violation of the principles of natural justice, and on this ground alone, the said order is fit to be set aside. 9. Accordingly, all the Writ Petitions are allowed, declaring that cancellation of special grade increment, which was computed while re-fixing the pay of the petitioners, is illegal. Consequently, the notification issued by the Labour Welfare and Industrial Relations Officer, APSRTC, Kadapa in proceedings No.P3/544(1)97-ZNS- CDP, dated 04-04-2000, is set aside. However, it is made clear that if the pay of the petitioners is wrongly fixed and their pay and allowances are contrary to the Regulations, this will not preclude the Executive Director (Administration), Hyderabad or any other competent authority, to issue notice to the affected parties and to pass appropriate orders, after hearing them. No order as to costs. ___________________ R. SUBHASH REDDY, J 19.02.2009 CBS HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION Nos.4656, 6449, 7016 and 7027 of 2000 (Allowed) Date: 19.02.2009 CBS