THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE D.APPARAO W.A. No.997 of 1999 DATED: 28.03.2006 Between: The Regional Manager, APSRTC, Bhagyanagar(city) Region, Hyderabad …APPELLANT And: B.Ajay Kumar and 4 others …RESPONDENTS JUDGMENT:(Per Hon’ble Sri Justice B.Prakash Rao) The appellant herein is the Corporation, who was the respondent in the writ petition, filed by respondent Nos.1 to 5 herein. The appellant filed this appeal, assailing the order dated 23.04.1999 in W.P.No.8983 of 1999, which was filed inter alia seeking a declaration against the appellant herein in not regularizing the services of respondents herein from the date of their initial appointment as arbitrary and illegal and for issuance of further consequential direction, which was allowed at the admission stage. The few facts that are necessary for disposal of this appeal are that all the respondents herein who have been working in the appellant corporation seek regularization of their services, mainly placing reliance on the principle laid down by this Court in two decisions in A.Rajeshwar v. Managing Director, APSRTC and in APSRTC v. P.T.Rao, wherein it was held that the employees are entitled for regularization from the date of initial appointment and also for extension of all benefits following such regularization. Taking into consideration the submissions made on behalf of respondents/writ petitioners, the learned single Judge straight away by following aforesaid decisions, allowed the writ petition at the admission stage, holding that the respondents herein are entitled for regularization of their services from the date of their initial appointment, though the learned standing counsel for the Corporation raised an objection to the effect that the petitioner’s claim is far fetched and suffer from latches and long delays. Now in this appeal, the main submission made on behalf of the appellant is that having a settlement arrived at between the Management and the Union on 28.04.1994 regarding regularization of the casual employees and as per clause 18(1) of the Memorandum of settlement, the casual employees who are in the categories of Driver/Conductor will be regularized to an extent 2.6 norm against the regular schedules/sanctions/requirements as on 31st July of every year and further as per the Circular No.PD/50/95 dated 3.7.95 which states that as per the agreement it is agreed to regularize the casual Drivers/Conductors who have been working in the period from 1991 to 1994 and completed 240 days in the following time scale as one time measure recruitment and engaged earlier to 31.12.1991, the agreed date of regularization is 31.07.1995, and therefore, they are not entitled for regularization from the date of their initial appointment. The learned counsel for the appellant placed reliance on Divisional Manager, APSRTC and others v. P.Lakshmoji Rao wherein the Supreme Court held that question of any such regularization from the date of initial appointment does not arise. It is also held that the date of initial appointment will be read as the date of continuous appointment as defined under Section 25B of the Industrial Disputes Act. In the present case the respondents were initially appointed on daily wages and later on appointed on temporary basis, and therefore, they cannot claim regularization from the date of initial appointment and they are entitled for regularization from the date of continuous appointment only. Having regard to the fact that as the appellant has already regularized the services of the respondents from 13.11.1992 much before the agreed date of 31.7.1995, the respondents are not entitled for any relief as fought for in view of the observations made by the Supreme Court in Divisional Manager, APSRTC and others v. P.Lakshmoji Rao’s case. In the result, the appeal is allowed setting aside the orders dated 23.04.1999 passed in W.P.No.8983 of 1999. Consequently, the Writ Petition is dismissed. No order as to costs. ____________________ B.PRAKASH RAO,J ________________ D.APPARAO,J Dated:28.03.2006 Dsr