IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 21120 of 2004 Between: 1 G.V. Raju, S/o. Sagar Raju, HINDU APSRTC, Kodad Bus Depot, Nalgonda District. 2 N. Ram Setti, S/o. Buchaiah, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 3 K. D. Benjimen, S/o. Devadanam, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 4 K.M. Reddy, S/o. Sathi Reddy, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 5 J. Meenaiah, S/o. Gopal, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 6 M. Ram Reddy, S/o. Bhujanga Reddy, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 7 M.Y. Giri, S/o. Rajalingam, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 8 V.A. Reddy,. S/o. Lakshma Reddy, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 9 k.n. reddy, s/o. ram reddy, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 10 K.S.R. Reddy, S/o. Venkata Narasimha Reddy, HINDU APSRTC, Nalgonda Bus Depot, Nalgonda District. 11 A. Venkaiah, S/o. Muthulingam, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 12 M. Chennaiah, S/o. Yadagiri, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 13 M. Pentaiah, S/o. Maraiah, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 14 M.Y. Khan, S/o. Abdul Khan, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 15 M. Muthaiah, S/o. Narsimha, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 16 K. Ramulu, S/o. Jadaiah, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 17 K. Mallesham, S/o. Mallaiah, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 18 K. Sankar, S/o. Rajaiah, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. 19 Ch. Shivraj, S/o. Rajaiah, HINDU APSRTC, Narkatpalli Bus Depot, Nalgonda District. ....PETITIONERS AND 1 The Regional Manager, APSRTC, Nalgonda Region, at Nalgonda. 2 The Depot Manager, APSRTC, Kodad Bus Depot, at Nalgonda. 3 The Depot Manager, APSRTC, Nalgonda Bus Depot, at Nalgonda. 4 The Depot Manager, APSRTC, Narketpalli Bus Depot, at Nalgonda. .....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 a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not giving special Grade/Stagnation increment to the petitioners w.e.f. their completion of 42 years of service in APSRTC in total (All Region) and counting the present regions service of 12 years for Special Grade as arbitrary, illegal, unjust and unreasonable and contrary to the judgments of this Hon'ble Court and consequently direct the respondents to effect the 12 years special Grade/Stagnation Increment to the petitioners on their completion of 12 years in all the regions of the corporation Counsel for the Petitioners: MR.P.VENKATESWAR RAO Counsel for the Respondents: MR.V.T.M.PRASAD (S.C.FOR APSRTC) The Court made the following : HON'BLE Dr. JUSTICE G.YETHIRAJULU WRIT PETITION NO. 21120 of 2004 ORDER: The petitioners are working as Drivers in the respondent-Corporation. They contend that they have been working continuously for more than 12 years. Therefore, they are entitled to get stagnation increments on completion of 12 years of service. The petitioners further contend that though they made representations before the respondents for release of stagnation increments, their request was not considered. The petitioners therefore, approached this Court seeking to declare that they are entitled for stagnation increments on completion of 12 years of service, which they had already completed long prior to the date of the writ petition. A similar question arose for consideration in W.P.No.5726 of 2000 and it was also considered in W.A.No.1301 of 2000 by a Division of this Court, which was preferred against the order in the above writ petition and the Division Bench held that the employees, who have completed 12 years of service in the same category irrespective of their transfers, are entitled for stagnation increments and accordingly directed to consider the cases of the petitioners in the W.P.No.5726 of 2000. 2. In the light of the circumstances explained by the petitioners and in the light of the judgment of the Division Bench in the above writ appeal, the respondents are directed to examine whether the petitioners completed the period of 12 years of service in the same category irrespective of their transfer and on satisfying that they completed 12 years of service, extend them the benefit of the stagnation increment and pass appropriate orders within eight weeks from the date of receipt of a copy of this order. 3. The Writ petition is accordingly allowed. No order as to costs. ------------------------------ November 18, 2004. KVR To 1 The Regional Manager, APSRTC, Nalgonda Region, at Nalgonda. 2 The Depot Manager, APSRTC, Kodad Bus Depot, at Nalgonda. 3 The Depot Manager, APSRTC, Nalgonda Bus Depot, at Nalgonda. 4 The Depot Manager, APSRTC, Narketpalli Bus Depot, at Nalgonda. 5 Two C.D. Copies.