IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 27456 of 2005 Between: M. Yadagiri S/o Sailu, Medchal Depot, E. No. 54016, R/o 1-12-196, New Bowenpally, Secunderabad ..... PETITIONER AND 1 The Regional Manager, APSRTC., Range Reddy Region, MGBS., Hyderabad 2 The Depot Manager, APSRTC., Medchal Depot, Ranga Reddy 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 issue an appropriate Writ direction, order or Writ one in the nature of Writ of Mandamus declaring the impugned orders NO. P6/785/(86)/97.RR dated 18-8-2005 of 1st respondent in not granting the promotion to the post of Controller/ADC by taking seniority w.ef. 1--1974 as, unjust arbitrary without jurisdiction and against the principles of natural justice and violative of Articles 14, 15 16 of the Constitution of India and consequently direct the 1st respondent to grant the promotion to the post of Controller/ADC by taking seniority w.e.f 1-4-1974 in the Ranga REddy Region ie. the date of promotion granted to the other/Junior conductors and to pay the sale of pay and arrears of salary and other all consequential benefits within a period of time so fixed and or pass such other order or orders as the Hon'ble Court may deem fit and proper in the interest of justice Counsel for the Petitioner: MR.M.M.ALI Counsel for the Respondent Nos.1 & 2: MR.K.MADHAVA REDDY The Court made the following : ORDER This writ petition is filed seeking a Mandamus to declare the order passed by the 1st respondent vide his proceedings No.P6/785/(86)/97, RR, dated 18.8.2005, in not promoting the petitioner to the post of Controller/ADC by taking into consideration the seniority with effect from 1.4.1974, as arbitrary, illegal and violative of Articles 14, 15 and 16 of the Constitution of India and consequently, to direct the 1st respondent to promote him to the said post with effect from 1.4.1974 in the Ranga Reddy Division. The facts are not much in dispute. It appears that the petitioner was initially appointed as Conductor in Andhra Pradesh State Road Transport Corporation (for short “APSRTC”) with effect from 21.11.1973 and was posted at Nizamabad depot. At that point of time, entire Telangana Region was treated as one region for the purpose of calculation of seniority of Conductors and Drivers. However, vide Circular No.PD/45/73-74, the APSRTC introduced a divisional seniority in Telanga Division with effect from 1.4.1974, and the petitioner was asked to exercise option along with other employees, in which he opted for Hyderabad Division. In pursuance of the same, he was transferred to Hyderabad on 14.5.1979. Now, the grievance of the petitioner is that his seniority in the cadre of Conductor, Grade-I, is not being considered and calculated from 1.4.1974 for the purpose of promotion, etc. It is an admitted fact that by a letter, dated 26.3.1974, the petitioner was asked to exercise his option, for the purpose of reckoning the seniority with effect from 1.4.1974, in any one of the divisions in Telangana Region. According to the petitioner, he had opted for the same in the month of April 1974 for counting his seniority in Hyderabad Division. However, it appears that practically, the petitioner was transferred to Hyderabad Division on 14.05.1979, in pursuance of the option exercised by him. Subsequently, in view of formation of two separate divisions, Hyderabad and Rangareddy, the petitioner gave consent to remain in Rangareddy District. Thus, the dispute is only with regard to reckoning the seniority of the petitioner i.e., whether it is from 1.4.1974 or 14.5.1979 in Hyderabad/Rangareddy Division. The petitioner cannot be blamed for transferring him after a long time even though he has opted for reckoning his seniority in the cadre of Conductor in Hyderabad Division with effect from 1.4.1974. In fact, in the earlier writ petition being WP No.15661 of 1991 filed by him, the respondents were directed to consider and dispose of his representations on the basis of the record. Though the respondents have considered the representations of the petitioner and passed a cryptic order which is impugned herein stating that the seniority of the petitioner in Rangareddy division has been counted from 14.5.1979, no plausible reasons were furnished for taking such a decision. Once the petitioner exercised his option for counting his seniority in Hyderabad Division with effect from 1.4.1974, the question of denying seniority from 1.4.1974 in Hyderabad/ Ranga reddy Division does not arise. The date of transfer was not the criteria. The criteria was only with regard to the date of exercising the option for the purpose of reckoning his seniority in any division with effect from 1.4.1974, as per Circular No.PD/45/73-74 dated 1.4.1974. Learned counsel for the respondents tried to explain that the petitioner has exercised option foregoing his seniority till he was transferred to Hyderabad Division. In this regard, learned counsel relied upon the endorsement made in the service register of the petitioner at page No.6. It is unfortunate that such a record, which is manipulated has been placed before this Court. However, no such option was exercised by the petitioner foregoing his seniority, has been placed before the Court. For all the above reasons, the writ petition is allowed and the respondents are directed to reckon the seniority of the petitioner in Hyderabad/Ranga Reddy Division with effect from 1.4.1974 instead of 14.5.1979 and they shall also extend all the benefits that accrue to him thereto. No costs. ___________ 31-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Manager, APSRTC., Range Reddy Region, MGBS., Hyderabad 2 The Depot Manager, APSRTC., Medchal Depot, Ranga Reddy District 2.2CD copies