IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) Date:13-12-2011 PRESENT THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY WRIT PETITION No.32234 OF 2010 Between: B. Srinivas and two others. - - - Petitioners. AND 1. The Regional Manager, APSRTC, Warangal Region, at WArangal, A.P. 2. The Depot Manager, APSRTC, APSRTC, Janagaon Bus Depot, Warangal District, A.P. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY WRIT PETITION No.32234 OF 2010 ORDER: This Writ Petition is filed by the Petitioners under Article 226 of the Constitution of India for a Mandamus seeking to declare the action of the Respondents in not allowing the 12 years Special Grade/Stagnation Increment to the petitioners with effect from their completion of 12 years of service rendered in their respective posts irrespective of regions of the APSRTC and without proper pay fixation w.e.f. their completion of 12 years of services in their posts as bad, arbitrary, illegal unjust and discriminatory and consequently direct the Respondents to effect or count the 12 years Special Grade/Stagnation increment to the petitioners with effect from their completion of 12 years of service in their posts irrespective of the regions that they have served in APSRTC. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the Petitioners were initially appointed as Drivers in APSRTC, Hyderabad City Region and consequently on their request they were transferred to Warangal Region, Janagoan Bus Depot. Even though they have completed 12 years of service and as such they are entitled for one Special Grade/Stagnation Increment but the same was not considered by the Respondents on the ground that they were transferred to Warangal Region on their request and as such they became juniors to the employees of equal cadre working in Warangal Region of APSRTC Corporation and their service in the cadre from respective dates of transfer to Warangal Region would be considered for awarding the 12 years Special Grade/Stagnation Increment. Hence, they have filed the present Writ Petition. 4. Learned counsel for Petitioners has contended as pleaded in the Writ Petition. In support of his contentions, he has filed copies of order in W.P. No.5726 of 2000, dated 23-08-2000 and copy of Judgement passed in Writ Appeal No.1301 of 2000, dated 29-10-2002 by this Court, wherein under similar circumstances Special Grade/Stagnation increments were given to the Petitioners therein on completion of 12 years of service in the posts of Conductors at their new stations in the Corporation and the same was confirmed in the Writ Appeal preferred by the Respondents-APSRTC Corporation respectively. 5. It is the contention of learned Standing Counsel for the Respondents/APSRTC that there was a written understanding to count such period from the date of joining such job at the new station, for granting the stagnation increments between the Workers and Management and Circular No.PD-30/2005, dated 04-06-2005 was also issued by the Corporation to the same effect and hence the plea of the Petitioners is not tenable. It is clearly observed in the Writ Petition No.5726 of 2000 as follows: “For all the aforesaid reasons, this writ petition is allowed directing the respondents to award stagnation increment/grade to the petitioners herein, since there is no dispute that the petitioners herein have rendered more than 12 years of service in the category of Conductors Grade-II in the Respondent-Corporation. There shall be an order accordingly. This order however, shall not give any benefit to the petitioners, as far as their seniority is concerned in Mahabubnagar division. Their seniority shall be reckoned in accordance with their order of transfer subject to which they were permitted to join in Wanaparthy Depot in Mahabubnagar District”. Challenging the said Writ Petition, the Respondents/APSRTC preferred Writ Appeal, which was dismissed. 6. Further, the Circular quoted provides that in such circumstances the total period of tenure in a category irrespective of inter divisional/regional transfers is to be taken to grant special grades. Further, no document of understanding to the contrary is filed before the Court. Therefore, the contention of learned Standing Counsel for the Respondents is somewhat misleading and not tenable. 7. Further, the order and judgement passed in the Writ Petition and Writ Appeal are quite applicable here. Therefore, by virtue of the Order passed by this Court in W.P. No.5726 of 2000 and consequently confirmed by the Judgement in Writ Appeal No.1301 of 2000 and also in view of the Circular, the Petitioners herein are entitled for the Special Grade/Stagnation increments irrespective of the fact that on request they were transferred to Warangal Region from Hyderabad City Region and that they were placed as juniors to the employees of the Corporation working in that region. In the result, the Writ Petition is allowed. No costs. ___________________________ G. KRISHNA MOHAN REDDY, J. Date.13-12-2011, Dsh. HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 166 WRIT PETITION No.32234 OF 2010 Date:13-12-2011 Dsh.