IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO. 22326 of 2004 Between: 1 M.A.Mastan, E-361381, S/o.Khuddus, R/o.Kovvur, West Godavari Dist. 2 P.C.Srinivas, E-361385, S/o.Veeraswamy, R/o.Kovvur, West Godavari Dist. 3 M.Ravi, E-456764, S/o.Sreeramulu, R/o.Kovvur, West Godavari Dist. 4 Y.A.Gandhi, E-458420, S/o.Rangarao, R/o.Kovvur, West Godavari Dist. ..... PETITIONERS AND 1 The APSRTC, rep.by its M.D., Musheerabad, Hyderabad. 2 The Regional Manager,APSRTC, W.G.Region, at Eluru, E.G.Dist. 3 The Depot Manager, APSRTC, Kovvur, West Godavari. .....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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in not granting the selection grade scale stagnation increments to the petitioners on completion of 12 years service is illegal, unjust and arbitrary, contrary to well established principles of law and as such set aside the same by directing the respondents herein to add the stagnation increments to the petitioners on completion of 12 years of service irrespective of their transfer from the date of initial appointment and to pay the arrears by refixing the pay of all the petitioners forthwith and to pass such other orders. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent Nos.1 to 3: MR.V.T.M.PRASAD The Court at the admission stage made the following Order: THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.22326 OF 2004 ORDER: Petitioners 1 and 2 are working as Mechanics and petitioners 3 and 4 were working as Shramiks 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 approached the respondent- Corporation 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 Bench 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. 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 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 increments and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly allowed. No order as to costs. 03.12.2004 usd To 1 The Managing Director, APSRTC, Musheerabad, Hyderabad. 2 The Regional Manager,APSRTC, W.G.Region, at Eluru, E.G.Dist. 3 The Depot Manager, APSRTC, Kovvur, West Godavari. 4. Two CD copies.