N.M.Reddy, Nalgonda District. v. Regional Manager, Apsrtc, Nalgonda And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.6638 OF 2004

ORDER

This writ petition is filed seeking the following relief: "...To issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not giving the Special Grade/Stagnation Increment to the petitioner with effect from his completion of 12 years 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 bad, arbitrary, illegal, unjust and contrary to the Circulars and contrary to the judgments of this Hon'ble Court and consequently direct the respondents to effect the 12 years Stagnation Increment/Special Grade to the petitioner on completion of 12 years of service in all the regions of the Corporation and pass such further other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."

Heard Sri G.Ravi Mohan, learned counsel appearing for the petitioner and Sri B.Mayur Reddy, learned Standing Counsel appearing for respondent-Corporation. The petitioner was appointed as Driver at Asifabad Bus Depot, Adilabad Region, on 8.10.1986. Thereafter, he was transferred to Warangal in the year 1987. His grievance is that the respondent-Corporation is not extending the Special Grade Stagnation Increment on completion of 12 years on the ground that he was transferred from Asifabad to Warangal and he was given last rank in the seniority in Warangal Region.

Learned Standing Counsel appearing for the respondent-Corporation contends that the petitioner was transferred on his own request from Asifabad to Warangal and

his seniority will be counted in Warangal Region and that when he completes 12 years of service in Warangal Region, he will be granted stagnation increment.

Learned counsel appearing for the petitioner has drawn attention of this Court that similar issue fell for consideration in W.P.No.5726 of 2000, wherein learned Single Judge of this Court had directed the Corporation to grant Special Grade/Stagnation Increment on completion of 12 years of service; that aggrieved by the said order, the Corporation filed W.A.No.1301 of 2000 and Division Bench of this Court vide order dated 29th October, 2002 dismissed the same confirming the order passed by the learned Single Judge. Learned Standing Counsel appearing for the respondent-Corporation does not dispute the same. In view of the same, this Writ Petition is disposed of directing the respondent-Corporation to grant Special Grade Increment to the petitioner on completion of 12 years of service with all consequential benefits. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 27th December, 2018 rkk