Telangana High Court

WP/24967/2004 of R. Krishnaiah, Vs the Regional Manager, APSRTC, on 31 December 2004

HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24967 of 2004 Between: 1. R. Krishnaiah, S/o. Narayana, shrf 56 yrstd, C/o. R/o.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24967 of 2004

Between:

1. R. Krishnaiah, S/o. Narayana, shrf 56 yrstd, C/o. R/o. 6-1-631, Ramgiri, Nalgonda District.

2. Y. Yadaiah, S/o. Eshwariah, aged 42 years, C/o. R/o. 6-1-631, Ramgiri, Nalgonda District.

3. P. Chandra Mouli, s/o. Ramaswamy, aged 49 years, C/o. R/o. 6-1-631, Ramgiri, Nalgonda District.

4. T. Narasimha , S/o. Ramulu, aged 46 years, C/o. R/o. 6-1-631, Ramgiri, Nalgonda District.

5. V. Surya Prakash Rao, S/o. Lingaiah, aged 43 years, C/o. R/o. 6-1-631, Ramgiri, Nalgonda District.

AND

..... PETITIONERS

1. The Regional Manager, APSRTC,

Nalgonda, Nalgonda District.

2. The Depot Manager, APSRTC,

Suryapet Bus Depot, Nalgonda District.

3. The Depot Manager, APSRTC,

Nalgonda Bus Depot, Nalgodna District.

.....RESPONDENTS

Page 1 of 3

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 toIssue an order, direction or writ more particularly one in the nature of writ ofmandamus declaring the action of the respondents in not giving the specialGrade/Stagnation Increment to the petitioners with effect from their completion of 12Years of service in APSRTC, in total (All Regions) and counting the present regions services of 12 Years for 12 years stagnation Increment/Special Grade as hadarbitrary, illegal, unjust and contrary to the circulars and contrary to the Judgments ofthis Hon'ble Court and consequently direct the respondents to effect the 12 yearsstagnation Increment/Special Grade to the petitioners on their completion of 12Years of service in the all the regions of the Corporation and pass such further otherorder or orders as this Hon'ble Court may deem fit and proper under thecircumstances of the case.

Counsel for the Petitioners: MR.G.RAVI MOHAN

Counsel for the Respondents: MR.V.T.M.PRASAD, SC for APSRTC

The Court at the stage of admission made the following:

ORDER:

Heard both sides and at their request the writ petition is taken up for disposal at thestate of admission.

The grievance of the writ petitioners is that the respondents-Corporation is not givingthe Special Grade/Stagnation increment to them with effect from their completion of12 years of service in the Corporation.

Page 2 of 3

The purport of the decision reported by this Court in W.A.No.1301 of 2000 dated29.10.2002, is that the entire service of the petitioner in the corporation has to betaken into consideration for the purpose of giving the benefit of stagnation increment.Certain guidelines have been framed by the respondents-Corporation, moreparticularly, in circular No.P.D-113/1989, dated 03.06.1989, for grant of stagnationincrements. Therefore, it is for the respondents-Corporation to decide the matterwhether the petitioners are entitled for the stagnation increments in pursuance of theaforesaid circular order. Therefore, a direction is given to the respondents-Corporation to give the Special Grade/Stagnation increment as per the rules takinginto account the petitioners’ total service of 12 years in the Corporation.

The writ petition is accordingly disposed of. In the circumstances, without costs.

____________K.C.BHANU,J.

// TRUE COPY //

To

1. The Regional Manager, APSRTC,Nalgonda, Nalgonda District.2. The Depot Manager, APSRTC,Suryapet Bus Depot, Nalgonda District.3. The Depot Manager, APSRTC,Nalgonda Bus Depot, Nalgodna District.

4. Two CD copies

ASSISTANT REGISTRAR

SECTION OFFICER

Page 3 of 3

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