IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE Mr. JUSTICE R.SUBHASH REDDY WRIT PETITION No.5450 of 1999 Between: T. Ramakistaiah, S/o.Bhoodaiah, H.No.10-155, Subhash Nagar Colony, Siddipet, Medak District. ... PETITIONER AND 1 A.P.S.R.T.C., Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, A.P.S.R.T.C., Medak Region, Sangareddy. 3 The Depot Manager, A.P.S.R.T.C., Gajwal - Pregnapur, Medak District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order direction or Writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the Writ of Mandamus or any other appropriate writ declaring the action of the respondents in not regularizing the services of the petitioner on par with Sri. Md.Moosa, Staff No.290831 with effect from 1-8-1994 as illegal and arbitrary and consequently direct the respondents to regularize the services of the petitioner with effect from 1-8-1994 with all consequential benefits. Counsel for the Petitioner: Mr. G.VIDYASAGAR Counsel for Respondents: Ms. B.G. Umadevi The Court made the following: Order: The petitioner, who was appointed as a Tyre Mechanic in Medak Division of A.P. State Road Transport Corporation, has filed this writ petition seeking Mandamus to declare the action of respondents in not giving him the benefit of seniority with effect from 01-08-1994 as illegal and arbitrary. 2. The Regional Manager, APSRTC, Medak Region, second respondent herein issued notification dated 19-06-1990 inviting applications to fill up various vacant posts, including 14 posts of Tyre Mechanics in Medak Division. In pursuance of the said notification, petitioner submitted application to consider his candidature. He was subjected to trade test on 20-04-1991 and was declared to have passed the test. Thereafter, he was asked to submit a pro forma duly filled in along with necessary certificates. He was interviewed on 11- 04-1991 and was declared selected, for the post of Tyre Mechanic and pursuant to selection he also underwent training from 13-08-1991 to 18-08-1991. When petitioner was not issued order of appointment, while other candidates who were selected and underwent training along with him were issued orders of appointment, he approached this court by way of W.P.No.2510 of 1992. This court, by order dated 22- 11-1995, allowed the said writ petition and issued directions to the respondents therein to issue appointment order to the petitioner for the post of Tyre Mechanic in pursuance of the trade test and interview held on 24-01-1991 and 11-04-1991 respectively. Further, a specific direction was issued to give benefit of seniority to the petitioner in the cadre of Tyre Mechanic from the date on which other candidates who were selected along with him were appointed, i.e. Sri Md. Moosa & others. The said candidates who underwent trade tests and training along with the petitioner were initially appointed on 26-12-1991 and their services were regularized with effect from 01-08-1994. In pursuance of the order of this court referred above, petitioner was appointed initially on daily-wage basis by Office Order No.P1/785(1)/96.GPP dated 15-05-1996 and subsequently orders were issued regularizing his services with effect from 01-12-1997. 3. The grievance of the petitioner is that though he is entitled to be given the benefit of seniority with effect from 01-08-1994, respondents have reckoned his seniority only with effect from 01-12-1997. 4. It is submitted by Sri G. Vidyasagar, learned counsel for the petitioner, that in view of the specific directions issued by this court in W.P.No.2510 of 1992, it is not open for the respondents to deprive the benefit of seniority to the petitioner from 01-08-1994, i.e. the date on which services of the persons selected along with the petitioner were regularized. 5. Respondents have filed counter affidavit stating that the services of the petitioner were regularized with effect from 01-12-1997 in terms of the Memorandum of Settlement entered between the Management and the National Mazdoor Union regarding regularization of services of artisans who have completed more than 240 working days. Except the said averment, no reason is indicated in the counter affidavit for not giving the benefit of seniority to the petitioner with effect from 01-08-1994. 6. In support of the said averment made in the counter affidavit, learned Standing Counsel for the Corporation submits that in view of the said Memorandum of Settlement entered between the Management and the National Mazdoor Union, petitioner cannot seek benefit of seniority with effect from 01-08-1994. 7. With regard to the aforesaid submissions made by learned counsels, it is to be seen that petitioner as well other persons, namely Sri Md. Moosa and six others, who are the applicants pursuant to the notification issued by the second respondent in the year 1990, were subjected to trade test and were also sent to training. When petitioner was not issued order of appointment along with those persons, he approached this court by way of W.P.No.2510 of 1992. This court, while allowing the said writ petition, directed the respondents to appoint the petitioner as Tyre Mechanic and also observed that his seniority is to be reckoned from the date on which other similarly situated persons who were selected along with him were appointed. As much as it is not in dispute that Sri Md. Moosa and others who were selected along with the petitioner were appointed and their services were regularized with effect from 01-08-1994, the only reason assigned by the respondents that in view of the Memorandum of Settlement entered between the Management and National Mazdoor Union, petitioner has not been given the benefit of seniority with effect from 01- 08-1994, cannot be accepted. The said settlement is general in nature with regard to artisans who have completed 240 working days. So far as the appointment of the petitioner is concerned, it was pursuant to a notification inviting applications for the post of Tyre Mechanic. Petitioner was selected to the said post after he was subjected to trade test and he had also undergone training. The grievance of the petitioner is that though he was selected along with other candidates he was not issued appointment order along with similarly situated persons. When he put forth his grievance by way of the writ petition referred above, this court allowed the said writ petition and issued directions to appoint the petitioner and further ordered to give him the benefit of seniority from the date on which other similarly situated persons were appointed. As much as the services of Sri Md. Moosa and others were regularized with effect from 01-08-1994 and in view of the directions issued by this court earlier, petitioner is entitled for seniority with effect from 01-08-1994. 8. For the foregoing reasons, the writ petition is allowed and respondents are directed to reckon the seniority of the petitioner in the cadre of Tyre Mechanic with effect from 01-08-1994 for the benefit of promotions, etc. However, it is clarified that petitioner is not entitled for any monetary benefits in view of the said reckoning. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. June 11, 2008 MRR