IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20638 of 2000 Between: A.Laxman, S/o. Late Rajaiah, R/o. Ensanapally, Siddipet Mandal, Medak District--502 103. ..... PETITIONER AND 1 The A.P.S.R.T.C., Medak Region; Rep by its Regional Manager, Sangareddy, Medak District. 2 The Dy. Chief Traffic Manager, A.P.S.R.T.C., Sangareddy, Medak District. 3 The Depot Manager, A.P.S.R.T.C., Bus Depot, Siddipet, Medak District. .....RESPONDENT(S) 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 an appropriate Writ or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in regularising the petitioner's services only from 19-4-1994 vide Impugned Proceedings No.P1/145(14)/93-DVM-SRD, dated 19-4-1994 instead of regularising his services from the date on which he completed (240) days of service as arbitrary, unjust and illegal and in violation of Articles 14, 16 & 21 of the Constitution of India and consequently direct the Respondents to regularise his services from the date on which he completed (240) days of services atleast from 16-12-92 alongwith all consequential benefits in the interest of justice and fair play. Counsel for the Petitioner:MR.V.NARASIMHA GOUD Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : Form-NIC-OGS/WP{SRAVAN} HONOURABLE SRI JUSTICE R.SUBASH REDDY W.P.No.20638 of 2000 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in regularizing his services with effect from 19-04-1994, vide proceedings No.P1/145(14)/93-DVM-SRD, dated 19-04-1994, as illegal, and to direct the respondents to regularize his services from the date of completion of 240 days from the date of appointment. 2. The petitioner was selected as a driver in the year 1991 when recruitment was held for appointment to the of post of driver in the respondent-A.P. State Road Transport Corporation (for short ‘Corporation’) in Medak District. His services were regularized by the impugned proceedings, dated 19-04-1994, with effect from 19-04- 1994. 3. It is the grievance of the petitioner that two other drivers, by name, T.Ramulu and Y.Raghu were selected and joined in the service along with him, but their services were regularized with effect from on 01-07-1992, and in spite of the fact that the petitioner has also completed 240 days of service along with them, he was extended the benefit of regularization only from the year 1994. 4. In the counter affidavit filed on behalf of the respondents, it is stated that the regularization proceedings were issued in case of T.Ramulu and Y.Raghu on completion of 240 days of service in the year 1992. It is also stated that so far as the petitioner is concerned, he has completed 240 days of service only by 19-04-1994, and as such, his services were regularized from the said date. 5. During the course of arguments, Sri V.Narsimha Goud, learned counsel appearing for the petitioner, has produced a copy of the statement showing the attendance particulars of casual drivers of Jaheerabad Depot, sent by Depot Manager. In the said statement, the name of the petitioner is figured, and as per the said statement, he has completed 245 working days by 16-12-1992. As per the circular instructions issued by the Management, and the agreement entered into between them and the Employees’ Union, regularizations were to be affected not only after completion of 240 days of services, but subject to availability of vacancies, by applying 2.6 norm of schedule. So far as Ramulu and Raghu are concerned, as referred to by the petitioner, it is categorically stated in the counter affidavit that they have completed 240 days of service by June 1992 itself. In that view of the matter, the petitioner cannot seek any relief by comparing his case with that of the said two persons, whose services were regularized with effect from 01-07-1992. Be that as it may. The petitioner has produced the copy of the attendance statement furnished by the Depot Manager, which shows completion of 245 days of service by the petitioner on 16-12-1992, but that by itself is also not sufficient to give a positive direction for regularization of petitioner’s service as prayed by him, without ascertaining the vacancy position after 16-12-1992, by applying 2.6 norm. 6. For the aforesaid reasons, I dispose of this writ petition, keeping it open to the petitioner to file a representation before the 1st respondent-Regional Manager, A.P. State Road Transport Corporation, Medak Region, Sangareddy, Medak District, along with a copy of this order, within a period of four weeks from the date of receipt of a copy of this order, enclosing the statement issued by the Depot Manager, in which, the petitioner is shown to have completed 245 days of service as on 16-12-1992. If such representation is filed along with the statement relied on by the petitioner, the 1st respondent shall consider the same and pass appropriate orders and communicate the same to the petitioner, within a period of six weeks from the date of receipt of the representation. 7. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ 20th March 2009 kvr