IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION Nos.19522 & 21842 of 1999 Between: N. Bhaskar, S/o. Venkati, R/o. Karimnagar, Karimnagar District. ... PETITIONER AND 1 A.P.S.R.T.C., Rep. by it's Regional Manager, Karimnagar, Karimnagar District. 2 A.P.S.R.T.C., Rep. by it's Depot Manager, Karimnagar Depot, Karimnagar, Karimnagar 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 a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not promoting the petitioner to the post of ADC/Controller in the year 1991 i.e., with eﬀect from 20-5-1991, the date on which the persons who were promoted along with the petitioner as conductor Gr-I, were promoted to the posts of ADC/Controller with eﬀect from 20-5-1991 i.e. the date on which the persons who were promote along with the petitioner as conductor Gr-I, were promoted as ADCs/Controllers and pay the arrears and all other consequential benefits. W.P.No.21842 of 1999 Between: N. Bhasker, S/o. Venkati, R/o.Karimnagar, Karimnagar District. ... PETITIONER AND 1 A.P.S.R.T.C., Rep by its Regional Manager, Karimnagar Region, Karimnagar District. 2 A.P.S.R.T.C., Rep. by its Depot Manager, Karimnagar Bus Depot, Karimnagar 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 a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing the impugned proceedings No.E1/255(26)/99-RM-KR dt.1/10/1999 and consequential proceedings No.E1/544(1)/99- RM-KR dt. 4/10/1999 reducing his rank as Conductor Gr.II without any notice to the petitioner, as arbitrary, illegal and consequentially direct the Respondents not to recover from petitioner's salary and not to reduce his position as Conductor Gr.II. Counsel for the Petitioner: MR.G.S.S.SIVA KESAVA Counsel for Respondents: SMT.P.RAJANI REDDY The Court made the following: Common Order: Since the petitioner in these writ petitions is the same and the issue involved is interrelated, these writ petitions are being disposed of by this common order. 2. Facts leading to the present litigation in a nutshell are as under: The petitioner was initially appointed as Booking Clerk in Hyderabad Division of Andhra Pradesh State Road Transport Corporation on 26-10-1976. He was later promoted to the post of Conductor on 07-02-1977. Thereafter, he was transferred to Karimnagar Division on his request by order dated 17-02-1981. In the order transferring him to Karimnagar Division, it is stated that the petitioner has to forego his seniority and has to take last ranking in the seniority list of Condutors in Karimnagar Division. Subsequently, the petitioner was promoted as Grade-I Conductor by order dated 24-11-1988 with eﬀect from 01-07-1988. Thereafter, when the respondents did not consider the case of the petitioner for promotion to the post of ADC/Controller on par with his juniors, he ﬁled W.P.No.15350 of 1992, which was disposed of by this court with a direction to the respondents to consider the representation of the petitioner for promotion to the post of ADC/Controller. Pursuant to the said directions, the respondents have passed order dated 16-02-1999 to the eﬀect that, in the seniority list of Conductors in the Karimnagar Division, the petitioner is placed at 381 and the last Conductor who is promoted to the post of ADC/Controller is placed at 123 and that no junior to the petitioner in Karimnagar Division is promoted to the post of ADC/Controller. Holding so, the claim of the petitioner was negatived. Questioning the said order, the petitioner ﬁled W.P.No.19522 of 1999. 3. During the pendency of the said writ petition, ﬁrst respondent issued proceedings dated 01-10-1999, canceling the special grade given to the petitioner (i.e. promoting him to the post of Conductor Grade-I) on the ground that the earlier order promoting him to the post of Grade-I Conductor was erroneous as it was passed taking into account his seniority from the date of joining in Hyderabad Division. In the said order, it is stated that as much as he was transferred on his own request to Karimnagar Division and joined in the said Division on 24-03-1981, he is to be given the beneﬁt of seniority in the category of Conductor from 24-03-1981 but not from 07-02-1977. Consequently order dated 04-10-1999 was passed holding that the petitioner is placed in special grade, i.e. Conductor Grade-I, with eﬀect from 01-07-1988. Questioning the said action of the respondents, the petitioner filed W.P.No.21842 of 1999. 4. In these writ petitions, it is submitted by the learned counsel for the petitioner that no valid reasons are recorded by the respondents for canceling the special grade given to the petitioner by the impugned order dated 01-10-1999. It is submitted that the post of Conductor Grade-I is a selection post and as per the Recruitment Regulations, the person to be selected to the said post must have completed 7 years of service as Conductor Grade-II. It is further submitted that as per the Regulations, selection to the said post is to be done among the suitable conductors of Grade-II. It is further submitted that an employee who has put in 12 years of service in the same category is eligible for grant of special grade. It is also submitted that the seniority on the grounds as mentioned in the impugned order is irrelevant and the order of cancellation of the special grade is contrary to the Regulations. 5. On the other hand, it is submitted by the learned Standing Counsel appearing for the respondents that as the petitioner was transferred from Hyderabad Division to Karimnagar Division on his own request and his request was considered by imposing a condition that he has to forego his seniority which he rendered in Hyderabad Division and he has joined in Karimnagar Division on 24-03-1981, the seniority of the petitioner is to be reckoned only from 24-03- 1981. It is submitted that at ﬁrst instance he was placed in selection grade, i.e. Conductor Grade-I, erroneously and therefore the impugned order is passed canceling the special grade given to him earlier. 6. Recruitment to various categories of posts in the A.P. State Road Transport Corporation is governed by Service Regulations framed by the Corporation under Section 45 of the Road Transport Corporation Act, 1950. The posts are divided in to several classes and categories. The post of Conductor Grade-I is categorized in Class 3 service of the Corporation and as per the Recruitment Regulations, the post of Conductor Grade-I is to be ﬁlled by a suitable Conductor Grade-II who has completed 7 years of service. In the instant case, the petitioner was transferred from Hyderabad Division to Karimnagar Division on 17-02-1981 and he was promoted as Conductor Grade-I on 24-11-1988 and by order dated 01-10-1999, the said promotion is cancelled mainly on the ground that earlier orders were passed taking into account the seniority of the petitioner from the date of joining in Hyderabad Division. At this stage, it is to be noted that the petitioner was transferred as Conductor Grade-II to Karimnagar Division on 17-02-1981 and by the time he was promoted to the post of Conductor Grade-I, he had already completed 7 years of service as Conductor Grade-II. The minimum service to be put in to be promoted as Conductor Grade-I is 7 years as Conductor Grade-II. Merely because the petitioner has agreed to forego his seniority while seeking transfer from Hyderabad Division to Karimnagar Division, the same is irrelevant for the purpose of considering his entitlement for promotion to the post of Conductor Grade-I as he had already completed 7 years of service as Conductor Grade-II. Having put in the required service, the petitioner was promoted to the post of Conductor Grade-I on 24-11- 1998. Therefore, the reasons assigned in the impugned order dated 01-10-1999 do not constitute suﬃcient reasons to cancel the promotion given to the petitioner. 7. For the aforesaid reasons, the order dated 01-10-1999 is set aside. But, at the same time, it is to be noted that the request of the petitioner for transfer from Hyderabad Division to Karimnagar Division was acceded to subject to the condition that the petitioner shall not claim seniority from the date of his joining in Hyderabad Division. Having accepted the same, he was placed at Sl.No.381 in the seniority list of Conductors in Karimnagar Division. Therefore, the contention of the petitioner that his juniors were considered for promotion to the post of ADC/Controller, ignoring his claim, cannot be sustained. In the order dated 16-02-1999, it is clearly stated that the last person who was promoted to the post of ADC/Controller is at Sl.No.123 in the seniority list of Conductors in Karimnagar Division and the petitioner is at Sl.No.381 and therefore his claim was negatived. In that view of the matter, I do not ﬁnd any inﬁrmity in the order passed by the respondents rejecting the claim of the petitioner for promotion to the post of ADC/Controller. 8. For the foregoing reasons, W.P.No.21842 of 1999 is allowed setting aside the order dated 01-10-1999. As the respondents have passed order dated 04-10-1999 to extend the beneﬁt of special grade, i.e. stagnation increment (on completion of 12 years of service) consequent to the cancellation of special grade (Conductor Grade-I) by order dated 01-10-1999, the order dated 04-10-1999 is also set aside. However, W.P.No.19522 of 1999 is dismissed. No order as to costs. _________________________ Justice R. Subhash Reddy. 29-08-2008 Stp/MRR