IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 12626 of 2004 Between: 1 Ch.Yellaiah, S/o.Lingaiah, Nalgonda Dist. 2 Ch.Gopal, S/o.Ramalachaiah, Bus Depot Medak Dist. 3 E.Sravan Kumar, S/o.Satyanarayana, Medak Dist. 4 B.Ganesh, S/o.Sailu, Medak Dist. ..... PETITIONER(S) AND 1 The Regional Manager, APSRTC, Nalgonda Region at Nalgonda. 2 The Regional Manager, APSRTC, Medak Region at Sangareddy. 3 The Depot Manager, APSRTC, Miryalaguda Bus Depot, Nalgonda Dist. 4 The Depot Manager, APSRTC, Gajwel Pragnapur Bus Depot, Medak Dist. .....RESPONDENT(S) 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 disengaging the petitioners instead of regularising them from their services as conductors in respective depots is bad, arbitrary, illegal, unjust and unreasonable and consequently direct the respondents to regularise the petitioners. Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 12626 of 2004 ORDER: The Writ Petition is filed praying to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in disengaging the petitioners instead of regularizing them from their services as conductors in respective depots, as arbitrary, illegal, unjust and unreasonable and consequently direct the respondents to regularise the petitioners. Heard the learned counsel for the petitioners and learned counsel for the respondents. The case of the petitioners is that they were appointed as daily wage conductors in pursuance of the notification issued by the 1st respondent-Corporation. The petitioners’ appointments were made through regular selection process by conducting medical test and also physical test. Accordingly, they were working as daily wage conductors. It is also stated that the respondents herein are giving some service breaks by disengaging them and avoiding regularization of their services as Conductors, even though they have completed more than four years of service. The petitioners were recruited for notified/existing vacancies of 157 Conductors, which are mentioned in the notification itself and also since 1999, the number of regular conductors were retired in Nalgonda Region. It is also their case that the respondents giving double duties and O.Ts to the regular conductors by disengaging the petitioners and giving artificial service breaks to avoid the benefit of regularization of the services of the petitioners. Therefore, they filed the present writ petition. On behalf of the respondents, a counter affidavit has been filed and it is stated in the counter that a Paper Notification was given for inviting applications from the eligible candidates to the post of Conductors in Nalgonda Region. The petitioners herein applied for the post of Conductors and were selected in Nalgonda Region as Conductors in the year 1999. After completion of all formalities and necessary training, the petitioners were engaged as conductors on daily wage basis. It is also further stated that the 1st petitioner was disengaged while working at Miryalaguda depot on daily wage basis as Conductor w.e.f 1.7.2004 in view of curtailment of schedules in slack season. In view of requirement of Conductors in Medak Region, 18 daily wage conductors of Nalgonda Region were directed for utilizing them in the Medak Region. While they were working at Gajwel Pragnapur depot, their services were disengaged along with other daily wage conductors due to excess position w.e.f 1.7.2004. During peak season, their services are being engaged and being disengaged in slack season. As per the instructions issued in Circular No.PD 30/1997 dated 24.4.1997, the services of the casual employees, who have completed 240 working days shall be decasualized against the requirement norms of 2.6 in each category i.e conductors and drivers on the schedules. As there are sufficient number of regular drivers and conductors to the norm requirement, the regularization of services of the casual drivers and conductors is not taken up in the region. The regularization of services of casuals is based upon the requirement to the norm and there is no occasion of short fall. Hence their services are not decasulaized. The learned counsel for the petitioners submitted that pursuant to the interim direction granted by this Court on 20.7.2004, the petitioners were continuously working as conductors. It is also submitted that the petitioners were appointed as daily wage conductors by virtue of the notification issued by the 1st respondent-Corporation as regular selection process by conducting medical test and also physical test. On the other hand, the learned counsel for the respondents submitted that the notification issued by the respondent-Corporation is a part of recruitment of the Drivers and Conductors in view of exigency of work and he also submitted that it is true that by virtue of the circular No.PD 30/1997 dated 24-4-1997, the services of the causal employees, who have been completed 240 working days shall be decasualized against the requirement norms of 2.6 in each category i.e Conductors and Drivers on the schedules. As there are sufficient number of regular Drivers and Conductors to the norm requirement, the regularization of services of the causal Drivers and Conductors is not taken up in the region. The regularization of services of casuals is based upon the requirement to the norm and there is no occasion of short fall. Admittedly, a paper notification was given inviting for the eligible candidates to the post of Conductor in Nalgonda Region. The petitioners applied to the post of Conductor and selected in Nalgonda Region as Conductors in the year 1999. After completion of all the formalities and necessary training, the petitioners were appointed as Conductor on daily wage basis. The 1st petitioner was disengaged while working at Miryalaguda depot on daily wage basis as Conductor w.e.f 1.7.2004 in view of curtailment of schedules in slack season. That in view of requirement of Conductors in Medak Region, 18 daily wage conductors of Nalgonda Region were directed to Medak Region for utilizing them in the Medak Region. While they were working at Gajwel Pragnapur depot, their services were disengaged in slack season along with other daily wage conductors due to excess position w.e.f 1.7.2004. That as per the instructions issued in Circular No.PD 30/1997, dated 24.4.1997, the services of the casual employees, who have completed 240 working days shall be decasualized against the requirement norms of 2.6 in each category i.e conductors and drivers on the schedules. The regularization of services of Conductors is based upon the requirement to the norm and there was no occasion of short- fall, therefore, the services of the petitioner are not decasulaized. It is submitted by the learned counsel for the petitioner that by virtue of the interim order granted by this Court, the petitioners are continuing in service. Therefore, they are in service from 1999 onwards, till today, as there is a procedure of decasualization of the services of the casuals as per the requirement norm in terms of circulars in P.D.No.30/1997, as such, the respondents are directed to consider the case of the petitioner for regularization of their services as per law within in a period of two months from the date of receipt of a copy of the order. The writ petition is disposed of accordingly. No order as to the costs. ____________________ Justice G. Chandraiah Date:12.06.2008 mrb