IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 17500 of 2004 Between: 1. N.Kanta Rao, E-304283, s/o Krishnamurty, Working in the R3 Depot and r/o Tiruvuru, Krishna District. 2. A.Basha, E-304542, s/o A.Haq, Working in the R3 Depot and r/o Tiruvuru, Krishna District. 3. J.Rama Rao, E-305676, Working in the R3 Depot and r/o Tiruvuru, Krishna District. 4. B.S.S.Rao, E-326353, Working in the R3 Depot and r/o Tiruvuru, Krishna District. ..... PETITIONERS AND 1 The APSRTC rep., by its Managing Director, Musheerabad, Hyderabad. 2 The APSRTC rep., by its Regional Manager, Krishna Region, Vijayawada. 3 The APSRTC, rep., by its Depot Manager, Tiruvuru Depot, Krishna District. .....RESPONDENTS 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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not granting the selection grade scale Stagnation increments to the petitioners on completion of 12 years service is illegal, unjust and arbitrary, contrary to the circular instructions and consequently set aside the same directing the respondents herein to add the stagnation increment to all the petitioners on completion of 12 years service and to pay the arrears from the date of entitlement in the interest of justice. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: MR.R.MANMADHA REDDY The Court at the stage of admission made the following ORDER: The petitioner is working as a Driver in the respondent-Corporation. He contends that he has been working continuously for more than 12 years. Therefore, he is entitled to get stagnation increments on completion of 12 years of service. The petitioner further contends that though he made representations for release of stagnation increments, his request was not considered. The petitioner therefore approached this Court seeking to declare that he is entitled for stagnation increments on completion of 12 years of service, which he had already completed long prior to the date of the Writ Petition. A similar question arose for consideration in W.P.NO.5726 of 2000 and it was also considered in Writ Appeal No.1301 of 2000 by a Division Bench of this Court which was preferred against the order in the above writ petition and the Division Bench held that the employees, who have completed 12 years of service in the same category irrespective of their transfers, are entitled for stagnation increments and accordingly directed to consider the cases of the petitioners in the Writ Petition No. 5726 of 2000. In the light of the circumstances explained by the petitioner and in the light of the judgment of the Division Bench in the above Writ Appeal, the respondents are directed to examine whether the petitioner completed the period of 12 years in the same category irrespective of his transfer and on satisfying that he completed 12 years of service, extend him the benefit of the stagnation increment and pass appropriate orders within eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly allowed. No order as to costs. ___________________ Dr. G. Yethirajulu, J. Dt:29th September, 2004. Rns. To 1. The Managing Director, APSRTC, Musheerabad, Hyderabad. 2. The Regional Manager, APSRTC, Krishna Region, Vijayawada. 3.The Depot Manager, APSRTC, Tiruvuru Depot, Krishna District. 4. Two CD copies.