Telangana High Court
WP/24806/2004 of B.K.M. Rao, Vs The A.P.S.R.T.C. Rep by its Managing Director, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 24806 of 2004 Between: B.K.M. Rao, E-502396, Driver, S/o. Sri Ramulu, aged 47 years, R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION No. 24806 of 2004
Between:
B.K.M. Rao, E-502396, Driver, S/o. Sri Ramulu, aged 47 years, R/o. Vijayawada, Krishna Distirct.
AND
..... PETITIONER
1 The A.P.S.R.T.C. Rep by its Managing Director, Musheerabad, Hyderabad.
2 The Regional Manager, A.P.S.R.T.C. Krishna Region, Krishna District, at Vijayawada 3 The Depot Manager, APSRTC, Vijayawada Depot, Krishna District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased to issue anorder or direction more particularly one in the nature of writ of mandamus declaring theaction of the respondents herein in not granting the selection grade scale/stagnationincrements to the petitioner on completion of 12 years service is illegal, unjust and arbitrary,contrary to well established principles of law and as such set aside the same by directingthe respondents herein to add the stagnation increment to the petitioner on completion of 12years of service irrespective of their transfer from the date of initial appointment and to paythe arrears by refixing the pay of the petitioner forthwith.
Counsel for the Petitioner: MR.S.M.SUBHAN
Counsel for the Respondents: MR.R.MANMADHA REDDY (SC FOR APSRTC)
The Court at the stage of admission made the following:
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ORDER:
In not granting the selection grade scale stagnation increment to thepetitioner on completion of 12 years service, the present writ petitionis filed.
The petitioner is working as a Driver in the respondentCorporation. He contends that after completion of 12 years ofsuccessful service in the category of Driver, he is entitled forSelection Grade Stagnation increment, which has already remaineddue from 01.05.1989.
The grievance of the petitioner is that the respondents did not takeany steps to release the Special Grade Stagnation increment to thepetitioner. Therefore, he approached this Court seeking direction tothe respondents to pass appropriate orders regarding the SelectionGrade Stagnation increment to him.
The Respondents did not deny the eligibility of the petitionerwho has completed 12 years of continuous service for the SelectionGrade Stagnation increment.
In the light of the circumstances, the respondents are directed topass appropriate orders regarding the release of the Selection GradeScale Stagnation increment to the petitioner, keeping in view theJudgment of a Division Bench of this Court in Writ Appeal No.1301 of2000 dated 29.10.2002, within a period of two months from the dateof receipt of a copy of this order and communicate the same to thepetitioner.
4. The Writ Petition is, accordingly, disposed of. No order as to costs.
dsr
ASSISTANT REGISTRAR
To:
1. The Managing Director, APSRTC,Musheerabad, Hyderabad
2. The Regional Manager, APSRTC,Krishna Region, Krishna District at Vijayawada
3. The Depot Manager, APSRTC,
Vijayawada Depot, Krishna District
4. Two CD copies.