IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 33851 of 1998 Between: B. Kasim Naidu S/o Kasemanna Dhone, Kurnool Dist. ..... PETITIONER AND 1 The Managing Director A.P.S.R.T.C. Musheerabad, Hyderabad 2 Regional Manager A.P.S.R.T.C. Kurnool Region, Kurnool 3 S. Sreenivasa Rao, Coach Builder, A.P.S.R.T.C. Adoni Depot, Adoni .....RESPONDENT(S) 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, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the respondents-Corporation in not promoting the petitioner on par with respondent No.3 w.e.f. 5-12- 1995 as arbitrary, illegal and consequently direct the respondents Corpn. to pay the difference of salary, restore the seniority and other benefits in the post of Artisan Grade II (Coach Builder) and pass Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondents: SMT.W.V.S.RAJESWARI The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33851 OF 1998 ORDER: The entire controversy in this writ petition relates to the seniority of the petitioner vis-à-vis the 3rd respondent for promotion to the post of Artisan Grade-II. Admittedly, both the petitioner and the 3rd respondent are Cleaners. While the petitioner, no doubt, joined the Corporation before the 3rd respondent, he was transferred to Dhone at his own request on is having agreed to forego his seniority. While Smt. WVS Rajeswari, learned Standing Counsel for the Corporation would rely on regulation 3 of the APSRTC Employees’ (Service) Regulations, 1964 to contend that, if an employee is transferred at his own request and has agreed to forego his seniority, he shall take the last place in the seniority list in that particular cadre in the depot to which he is transferred, Sri G.Vidyasagar, learned Counsel for the petitioner, would, however, contend that since the original place of posting of the petitioner and his transferred place to Dhone both fell within same district i.e., Kurnool district, even if his transfer from one depot to another is at his own request, the respondent–Corporation ought not to have placed him at the bottom of the seniority list or to deny him the benefit of seniority at the transferred place in the cadre of cleaners. A copy of the Circular dated 22.04.1997 is placed before me whereunder reference is made to a settlement under Section 12 (3) of the Industrial Disputes Act reached on 27.03.1991 whereby for Kurnool, Anantapur, Tirupati, Guntur, Krishna, East Godavari and Visakhapatnam divisions the erstwhile divisional seniority is required to be maintained for the posts of Drivers/conductor/cleaners and artisans till all those employees who were working in the above posts on 14.11.1994 are promoted or have ceased to be in service. Both Sri G.Vidyasagar, learned Counsel for the petitioner and Smt. WVS Rajeswari, learned Standing Counsel for the Corporation would agree that since the said Circular dated 24.04.1997 is applicable to the case on hand, it is the Divisional seniority which has rightly been followed till 14.11.1994. Once it is accepted that it is the divisional seniority, and not the District seniority, which is required to be followed, the result would be that the Corporation must be held to have rightly denied the petitioner the benefit of seniority on his being transferred to Dhone. Since the petitioner had agreed to forego his seniority, and was placed at the bottom of the seniority list, his contention that he is senior to the 3rd respondent, and as such, is entitled to be promoted as Artisan Grade-II before the 3rd respondent must necessarily fail. Sri G.Vidyasagar, learned Counsel for the petitioner, would, however, contend that since promotion to the post of Artisan Grade-II is by selection, inter-se seniority of candidates loses relevance. On the other hand, Smt. WVS Rajeswari, learned Standing Counsel, would submit, on the basis of the records placed before this Court, that the method of selection for appointment to the post of Artisan Grade-II is by conducting a trade test and that, all those candidates who qualified in the trade test are promoted as Artisan Grade-II on the basis of their inter-se seniority in the post of cleaners. As this method of selection adopted by the Corporation is not the subject matter of challenge in this writ petition and, inasmuch as the petitioner, on his transfer, has lost his seniority and is evidently junior to the 3rd respondent, the action of the respondents in promoting the 3rd respondent as Artisan Grade-II in preference to the petitioner cannot be faulted. The petitioner is not entitled to the relief sought for in the writ petition. The writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J Date: 04.07.2008. GS