IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO. 1292 OF 2009 Between: K.Satyanarayana ..... APPELLANT AND The Andhra Pradesh State Road Transport Corporation, Rep. By its Managing Director, Musheerabad, Hyderabad and others .....RESPONDENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO. 1292 OF 2009 JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) This Writ appeal is filed by the writ petitioner aggrieved by the order dated 09.04.2009 made in W.P.M.P. No.3203 of 2009 in W.P. No. 2509 of 2009 dismissing his application seeking stay of the operation of the order dated 20.06.2007 whereby his placement on the time scale from 31.07.1995 to 19.01.1991 was cancelled and his original placement on the time scale was restored to 31.7.1995. The appellant herein was appointed as Conductor on compassionate grounds on 19.1.1991 consequent upon the death of his father on 18.8.1989. The services of the appellant were regularised with effect from 31.7.1995. Thereafter, the second respondent herein has issued office order dated 30.8.2003 preponing the date of regularisation from the date of initial appointment and his pay has been fixed and consequently released all the benefits to the appellant. Surprisingly, the second respondent has issued show cause notice dated 7.04.2007 calling for the explanation of the appellant as to why the order dated 30.8.2003 should not be cancelled to which the appellant submitted his explanation, dated 6.6.2007. However, the second respondent has cancelled the office order dated 30.8.2003 restoring the scale of pay to 31.7.1995, assailing which the writ petition is filed along with the above miscellaneous petition, which is dismissed by the order impugned herein. Hence, the present writ appeal. The learned Single Judge dismissed the above Miscellaneous Petition observing that the appellant is not entitled to the relief inasmuch as he has not challenged the impugned order at the earliest point of time, which was passed more than one and half years prior to the filing of the writ petition and the impugned order would have already come into operation. It is further observed that if the appellant succeeds in the writ petition, he will be entitled to the restoration of his placement. Aggrieved thereby the present Writ Appeal is filed inter alia contending that when the appellant stands on the same footing as that of the writ petitioners in WP No. 13687 of 2007 and WP No. 10500 of 2007, whose regularisation and placement on the time scale have been preponed, were granted interim direction, therefore, singling out the appellant is discriminatory and illegal. It is further contended that though the proceedings dated 20.6.2007 preponing the placement of appellant on time scale from 31.7.1995 to 19.1.1991 were issued, no recovery proceedings have been initiated, as such, the appellant did not assail the same, therefore, the learned Single Judge ought not to have dismissed the application on that ground. Heard learned counsel for the appellant and the learned Standing Counsel for the State Road Transport Corporation. The fact that the writ petitioners in WP No. 13687 of 2007 and 10500 of 2007, who are similarly placed as that of the appellant, were granted interim direction with regard to the preponement of their placement on the time scale. Therefore, denying the said relief to the appellant will be unjust. Accordingly, there shall be interim suspension of the impugned proceedings dated 20.06.2007 passed by the second respondent, pending disposal of the Writ Petition No. 2509 of 2009. The Registry is directed to post the above Writ Petition for final hearing before the learned Single Judge having roster after Sankranthi Vacation 2010. The Writ Appeal is accordingly disposed of with the above direction. No order as to costs. _____________________ Justice T. Meena Kumari __________________ Justice Sanjay Kumar November 3, 2009 MAS