THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.32235 of 2010 ORDER: The claim of the petitioners is that they are the workmen of the respondents’ Corporation. Having completed the 12 years of service in a single post/category, as per Circular No.20-63/89, dated 03.06.1989 of MD, APSRTC, they are eligible for a special grade by giving a stagnation increment with effect from their completion of 12 years of service but the respondents are denying the same on the ground that they have been transferred to the present region on their own request by loss of seniority. It is submitted that though they have been transferred on their own request from the previous region, they are entitled to the said benefit as they may loss the seniority in the present region but their services rendered in the earlier regions cannot be lost for the purpose of giving 12 years Special Grade/stagnation increment in the posts and there is circular to that extent. Further, it is also submitted that this Court already decided the similar matters in W.P. No.5726 of 2000 directing the respondents therein to give 12 years Special Grade/Stagnation increment on completion of 12 years of service irrespective of the service rendered in different zones/regions. Against the said writ petition, the Corporation filed appeal in W.A. No.1301 of 2000, but the same was dismissed on 29.10.2002. Thereafter, SLP filed and the same was also dismissed. It is further submitted that the respondent Corporation also issued circular No.PD-30/2005, dated 04.06.2005 by modifying the earlier circulars stating that the Special Grade will be given with proper fixation to the employees of the respondent Corporation on completion of the 12 years of service irrespective of region w.e.f. their completion of 12 years of service, but the monetary benefit will be given from 01.04.2005. Even after issuance of the said circular, the respondents are not effecting the same to the petitioners. Therefore, the action of the respondents in not extending the aforesaid benefit is bad and illegal. Hence, the present writ petition. The learned counsel for the petitioners submits that not only in terms of the circulars issued by the Corporation, this Court also had an occasion to deal with similar matters wherein the respondent Corporation was directed to extend the aforesaid benefit and one among such petition is W.P. No.5726 of 2000 and W.A. No.1301 of 2000. On the other hand, the learned standing counsel appearing for the Corporation submits that the Corporation may be directed to consider the case of the petitioners in terms of the circulars issued by the Corporation, from time to time. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent Corporation and perused the material on record. Admittedly, there is a Circular No.PD-30/2005, dated 04.06.2005, which reads as under: “Instructions were issued through the circular 1st cited, providing special grades to certain categories of employees specified therein, who have put in 12 or more years of service in the same category. It was clarified through the reference 2nd cited that in the case of an employee transferred from one Division to another Division on loss of seniority, the 12 years service for special grade shall be reckoned to from the date he reported at the present division. It the Memorandum of Settlement vide reference 3rd cited, it was agreed “to allow special grade to such of those employees to whom special grades were denied earlier on the aforesaid ground, duly considering the total service rendered in the same category irrespective of inter Divisional/Regional transfers on loss of seniority. Their pay will be fixed notionally from the date of eligibility but the monetary benefit will be allowed consequent on such pay fixation with effect from 01.04.2005 only. In view of the above, the clarification issued vide Sl.No.2 of circular Lr.No.P1/93(12)/97-PD dt.9.11.89 is modified only to the extent indicated above i.e. for the purpose of special grade, the service rendered in the parent and present Division/Region will be taken for the past cases only. However, for the purpose of promotion, the service of such person will be reckoned to from the date he/she reported at the transferred Division/Region. The other instructions issued on the subject of special grade to the employees from time to time will hold good”. Therefore, all the authorities competent to sanction special grades are advised to allow special grades to such of those employees to whom special grades were denied till 13.05.2005 only based on circular Lr.No.P1/93(12)/87-PD, dt.9.11.89, duly considering the total service rendered in the same category irrespective of inter-Divisional/Regional transfers on loss of seniority. But, their pay shall be fixed notionally from the date of eligibility and the monetary benefit consequent on such pay fixation shall be paid w.e.f. 1.4.2005. However, for the purpose of promotion, the service of such person shall be reckoned to from the date he/she reports in the new Division/Region. The other instructions issued on the subject of special grades to the employees from time to tile shall hold good. Necessary action shall be taken accordingly.” According to the said circular, the persons who have completed 12 years of service in a particular category, they are entitled to the benefit of Special Grade irrespective of inter-Divisional/Regional transfers on loss of seniority. The claim of the petitioners in the instant writ petition is that they are working in different capacities in the respondent Corporation and they have completed 12 years of service in their respective category and therefore, they are entitled to the benefit of 12 years Special Grade/Stagnation increment. Further, the learned standing counsel also conceded to direct the respondent Corporation to consider the case of the petitioners in terms of the circulars issued by the Corporation, from time to time. In view of the above, this writ petition can be disposed of with the following direction. The respondents are directed to consider the case of the petitioners for allowing the 12 years Special Grade/Stagnation Increment, in terms of the above referred circular and also the circulars issued by the Corporation, from time to time, within a period of two months, from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 30.03.2011 LSK