THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 1242 of 1999 Dated: 28.04.2010 Between: Kum. G.Vijay Kumar, Nellore District. … Petitioner And The APSRTC, Rep., by its Vice-Chairman, Hyderabad and another. … Respondents HON’BLE Ms. JUSTICE G.ROHINI Writ petition No. 1242 of 1999 O R D E R: The writ petitioner joined the services of the A.P. State Road Transport Corporation (for short ‘Corporation’) on 18.08.1986 as a Typist. While working as such, she was selected by the departmental selection committee to the post of Junior Statistician and was appointed to the said post vide proceedings dated 06.06.1990. It is stated that while the petitioner was working as Typist, she was given special pay of Rs.80/- per month. However, the said special pay of Rs.80/- was not protected while fixing her pay in the time scale of Junior Statistician. Aggrieved by the same, the petitioner filed W.P.No.22117 of 1997. This Court disposed of the said writ petition by order dated 15.09.1997 directing the respondents to consider the petitioner’s claim for re-fixation of her scale of pay in the time scale of Junior Statistician as per Regulation 9(1) (a) of A.P.S.R.T.C. Employees (Pay and Allowances) Regulation, 1964 r/w Regulation 2 (x) and Regulation 7 A (e) of A.P.S.R.T.C. Employees (Service) Regulation, 1964. Pursuant thereto, having considered the claim of the petitioner, the 2nd respondent by proceedings dated 11.11.1997 rejected the petitioner’s claim holding that protection of the special pay was applicable only for departmental promotees. Aggrieved by the same, the present writ petition is filed contending inter alia that the decision of the 2nd respondent was contrary to the provisions of Regulation 7 A (e) of the A.P.S.R.T.C. Employees (Service) Regulations, 1964. A counter affidavit has been filed on behalf of the respondents wherein, while seeking to justify the impugned order, it is stated that as per the circular dated 21.06.1997 issued by the Vice-Chairman and Managing Director, read with G.O.Ms.No.341 Finance and Planning Department dated 27.12.1996 the facility of treating the special pay of Typist as pay for the purpose of fixation of pay even on promotion was discontinued. Admittedly, the petitioner was appointed to the post of Junior Statistician after being selected by a duly constituted selection committee. It is not in dispute that her appointment was made against a vacancy meant for direct recruitees and not by way of promotion. Regulation 7 A (e) of A.P.S.R.T.C. Employees (Service) Regulations, 1964 as amended with immediate effect from 16.05.1986 provides that the pay of direct recruitees appointed from among the departmental candidates shall be fixed in the time scale of the new post at the stage equal to the pay in the former post and if there is no such stage at the next higher stage of pay in the new post. Admittedly, while appointing the petitioner as Junior Statistician, it was made clear that her pay would be fixed in the new post in terms of Regulation 7 A (e) of the Regulations under which the special pay if any being paid in the former post was not protected. It is also explained in the counter affidavit that vide circular dated 03.08.1991, it was made clear that the Typists, who were selected to any post by direct recruitment were not entitled to special pay drawn in the post of Typist for the purpose of fixation of their pay to the post to which they were appointed. In the circumstances, fixation of petitioner’s pay in the post of Junior Statistician after withdrawing the special pay awarded to her in the former post cannot be held to be arbitrary, illegal or contrary to Regulation 7 A (e) of the Regulations. It is also relevant to note that the State Government vide G.O.Ms.No.341 dated 27.12.1996 decided to discontinue the facility of treating the special pay of Typist as pay for the purpose of fixation of pay on promotion and the earlier orders issued in G.O.Ms.No.27 dated 17.11.1978 were cancelled with immediate effect. In terms of the said Government order, the Corporation vide resolution dated 27.05.1997 resolved to cancel protection of special pay granted to Typists as basic pay for the purpose of fixation of pay in the higher post with effect from 27.12.1996. Accordingly, the Vice-chairman and Managing Direction issued circular dated 21.06.1997. Thus, the protection of special pay is not available even to the candidates appointed to the highest post on promotion. It is true that the definition of pay under Regulation 2 (x) of A.P.S.R.T.C (Pay and Allowances) Regulations, 1964 includes special pay. However, so far as the fixation of pay in the time scale is concerned, the said definition has no relevance. The decision of the Supreme Court in Telecommunication Research Centre Scientific Officers (Class I) Association and others v. Union of India and others[1] cited by the learned counsel for the petitioner, wherein it was held that denial of certain benefits to the direct recruitees though doing the same job and possessing equal qualifications on par with the promottees is discriminatory, has also no application to the present case since admittedly, the special pay protection is withdrawn even with regard to the promotees. For the aforesaid reasons, the Writ Petition is devoid of any merit and the same is accordingly dismissed. No costs. ______________ G. ROHINI, J Date: 28.04.2010 KLP [1] AIR 1987 SC 490