THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.3319 OF 2002 O R D E R The petitioners are three in number. Their case is that they were appointed on 1.1.1974, 17.10.1975 and 2.2.1977 as booking clerks and subsequently on 24.2.1981, 1.7.1991 and 24.2.1981, they were appointed as Conductors respectively. When the respondent – authorities without considering their cases for promotion to the post of Assistant Depot Clerks and promoted their juniors, they filed W.P.No.2891/1988before this court and the same was allowed on 26.10.1995 with a direction to the respondent – corporation that the petitioners should be deemed to be promoted to the post of Assistant Depot Clerks on the dates on which their juniors were promoted, with all the consequential benefits. The said order of this court has become final. By office order dated 17.2.2000 the respondent – corporation granted special grade increments with effect from 1.8.1999 after completion of twelve years of service from the date when the juniors to the petitioners were promoted. Now the grievance of the petitioners is that by the impugned proceedings No.E1/255(8)/99-RM(N) dated 22.3.2001, the 2nd respondent – Regional Manager, Nellore, cancelled the special grade increments granted to them on the ground that they have not completed twelve years of active service in the post of Assistant Depot Clerk/Controller. Hence, the present writ petition. 2. Though the writ petition is of the year 2002, no counter affidavit is filed. 3. From the above the fact remains that this court in W.P.No.2891/1988 dated 26.10.1995 had directed the respondent – Corporation that the petitioners should be deemed to be promoted to the post of Assistant Depot Clerks on the date on which their juniors were promoted to the post of Assistant Depot Clerks with all consequential benefits and the said order has become final. On the ground that the petitioners have not completed twelve years of active service the impugned order is passed canceling the special grade increment granted earlier. From a perusal of the impugned order it could be seen that the said order is passed in view of the memorandum No.P1/83(12)/87-PD dated 11.7.90 of the 1st respondent – VC & MD, wherein it was clarified that active service shall mean service spent on duty including leave with allowance rendered by the employee. As already noticed above, this court directed that the petitioner shall be deemed to be promoted to the post of Assistant Depot Clerks on the date on which their juniors were promoted and this has become final and accordingly the petitioners were given special grade increment. Further, the circular dated 11.7.1990, which has been relied on in the impugned order, has been struck down by a learned single Judge of this court in W.P.No.26584 of 1996 dated 15.6.1999, as violative of Articles 14 and 16 of the Constitution of India. In view of these circumstances, I am of the considered view that the impugned order cannot be sustained and the same is liable to be set aside. 4. For the foregoing reasons, the impugned proceedings dated 22-3-2001 is set aside and the writ petition is allowed. No costs. AVS ---------------------------- -------- 07—06— 2011