IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5809 of 2008 Between: R.N. Reddy, S/o. Satti Reddy, APSRTC, Mehdipatnam Bus Depot, Mehdipatnam, Hyderabad. ..... PETITIONER AND 1 The Regional Manager, (Greater Hyderabad Zone), APSRTC, MGBS Complex, Gowliguda, Hyderabad. 2 The Depot Manager, APSRTC, Mehdipatnam Bus Depot, Mehdipatnam, Hyderabad. .....RESPONDENTS 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 a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not fixing notional increments the petitioner for his out of employment period i.e. the date of removal to date of reinstatement (24- 03-2003 to 20-6-2007) and not counting the period for promotion is bad, arbitrary, illegal, and contrary to the Judgments of this Hon'ble Court and consequently direct the respondents to pay the Petitioner's to effect the notional increments to the above said period with proper fixation by paying the arrears and also by considering the Petitioner for further promotion by counting the said period. Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondents: MR.KAMBHAM MADHAVA REDDY The Court made the following : ORDER: The petitioner was appointed as a Driver in the APSRTC. He was removed from service by the Depot Manager, Hayathnagar, on 24.03.2003, on disciplinary grounds. After exhausting departmental remedies, the petitioner filed I.D.No.72 of 2004 in the Labour Court-I, Hyderabad. Through its award, dated 09.01.2007, the Labour Court directed reinstatement of the petitioner, with continuity of service, but denied the back wages. Consequently, the petitioner was reinstated into service, and at present, he is working in the Mehdipatnam Depot. The grievance of the petitioner is that the 2nd respondent had taken steps to promote several drivers, who are juniors to him, to the post of Assistant Depot Clerk/Controller, ignoring his seniority. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. The Writ Petition came up ‘for admission’ on 18.03.2008. Time was granted to the learned Standing Counsel for the respondents to ascertain whether any writ petition was filed by the Corporation against the award passed by the Labour Court in I.D.No.72 of 2004. It is represented that though steps were taken to file the writ petition, so far it has not been filed. It is a matter of record that the Labour Court directed reinstatement of the petitioner with continuity of service, but without back wages. The respondents acted on the award and reinstated the petitioner into service. The continuity of service ordered by the Labour Court would enable the petitioner to count his entire service, without any break. It is evident from a letter, dated 03.03.2008, addressed by the Depot Manager, Mehdipatnam, that particulars of various drivers in the region were furnished for promotion to the post of ADC/Controller. Several drivers, who are said to be juniors to the petitioner, were included in the list. Once the Labour Court had granted the benefit of continuity of service to the petitioner, respondents cannot deny the same to him. Hence, the Writ Petition is allowed and the respondents are directed to consider the case of the petitioner for promotion to the post of ADC/Controller, if he is otherwise eligible and extend other benefits that are permissible, on account of the continuity of service granted by the Labour Court. There shall be no order as to costs. ____________________ Dt.24.03.2008 L.NARASIMHA REDDY, J Note:Furnish C.C. in three days. (B/o) GJ To 1 The Regional Manager, (Greater Hyderabad Zone), APSRTC, MGBS Complex, Gowliguda, Hyderabad. 2 The Depot Manager, APSRTC, Mehdipatnam Bus Depot, Mehdipatnam, Hyderabad. 3.2CD copies