THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 8940 of 2011 DATE: 28th April, 2011 Between: V. Hanumanth Rao … Petitioner A n d APSRTC and 2 others … Respondents THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 8940 of 2011 ORDER: This Writ Petition is filed seeking issuance of Writ of Mandamus and declaring the action of the respondents in not giving twelve years stagnation increment from 01.10.2004, as illegal and arbitrary. The grievance of the petitioner who is working as Conductor in APSRTC (in short, the Corporation), Hyderabad City Region, is that in spite of his completing twelve years of service in the same category without any promotion, the respondent-Corporation is not giving him twelve year stagnation increment as per the rules. The service conditions of the petitioner are governed by the Rules and Regulations and Circular instructions issued from time to time by the respondents-Corporation. The Circular No.PD-30/2005, dated 04.06.2005, issued by the Corporation reads: “In 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 S.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 13.5.2005 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.” Therefore, whether the petitioner is entitled to stagnation increment or not in pursuance of the said Circular or whether that Circular is applicable to the case of petitioner, has to be decided or resolved by the Corporation. Hence, this Writ Petition is disposed of directing the respondents-Corporation to consider the case of the petitioner for granting stagnation increment on completion of 12 years of service, in accordance with the Circular No.PD-30/2005, dated 04.06.2005, within a period of six weeks from the date of receipt of a copy of this order and thereafter communicate the said order to the petitioner. No costs. ______________________ JUSTICE K.C. BHANU 28th April, 2011 KSM