THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO. 28849 of 2010 ORDER: This writ petition has been instituted seeking a declaration that the action of the 1st respondent in not relaxing the upper age limit to the extent the petitioners have worked in APSRTC on contract basis in the matter of upper age for direct recruitment to the post of Shramik pursuant to the notification dated 1.11.2010 as illegal. The case of the petitioners is that after obtaining ITI Trade Certificate, both the petitioners have undergone apprenticeship between 1996 and 1998 with the Andhra Pradesh State Road Transport Corporation. Thereafter, they were also engaged to render services to the corporation on outsourcing basis, engaged through a contractor. The posts of Shramiks were lying vacant in the corporation eversince 1999 and after a long gap of 10 years, an advertisement was issued on 1.11.2010 inviting applications for the post of Shramiks in various regions of the corporation. Insofar as Anantapur region is concerned, 163 Shramik posts have been notified. The qualifications notified are ITI Diesel Mechanic trade certificate. But the upper age limit is prescribed as 30 years as of 1.7.2010. It is this clause of fixing the upper age limit of 30 years, that the petitioners are essentially aggrieved. The case of the petitioners is that after a long gap of 10 years, the recruitment process has been undertaken and during this ten year period they have rendered service to the corporation on outsourcing basis and that was not taken into account or consideration for the purpose of relaxation of the upper age limit. The fact that the petitioners were engaged on contract basis has not been disputed. But, what has been pointed out by the respondents is that pursuant to the directions issued by this court in WP No. 27918 of 2010, the upper age limit has been raised by a period of four years in favour of such candidates who have undergone apprenticeship training through the corporation. Thus, as against the upper age limit of 30 years for such of those candidates who have undergone apprenticeship training with the corporation, the upper age limit is now pegged at 34 years. The posts of Shramiks undoubtedly require certain physical prowess. Therefore what should be the upper age limit for direct recruitment against such posts is a matter within the policy domain of the corporation. If relaxation upper age limit of four years has been accorded in favour of such candidates who have undergone apprenticeship training, it is intended to ensure that large number of cases can be considered for recruitment as Shramiks. Thus, such of those candidates who have undergone apprenticeship training with the corporation to that extent will stand benefited. As to whether the candidates who are in the age bracket of 40+ should be considered for recruitment as Shramiks cannot be decided by the court without any regard being had to the actual requirements of the service. Therefore, keeping in view the fact that the petitioners have already crossed 40 years of age and keeping in view also the age of superannuation in the corporation, the corporation cannot be compelled by writ of mandamus to employ by way of direct recruitment persons who had already crossed 40 years of upper age limit. The comparison if any, even in the matter of fixation of upper age limit between the claims of members belonging to scheduled castes, scheduled tribes or backward classes stand entirely on a different footing. Therefore, I do not see any valid or justifiable reason for allowing this writ petition and accordingly this writ petition is dismissed. But, however without costs. --------------------------------- Nooty Ramamohana Rao, J knk 29th June 2011