K.Lokananda Sayanam v. Andhra Pradesh State Road Transport Corporation,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.16182 OF 2002

ORDER

1.

This writ petition is filed seeking to issue a Writ of Mandamus directing the 2nd respondent to regularize the services of the petitioner from the date of initial appointment with all consequential benefits including arrears. 2.

Heard Sri P.Govinda Rajulu, learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3.

It is the case of the petitioner that he was initially appointed as Casual Conductor in the respondent-Corporation on 5.2.1986, and he has completed more than 15 years of service. As per the policy of the respondent-Corporation, he is entitled for regularization on completion of 240 days of service. The services of the petitioner were regularized nearly after lapse of four years, vide proceedings dated 8.10.1991 w.e.f.1.8.1990. Since his request to regularize his services from the date of his initial appointment was not considered, the present writ petition is filed.

4.

Learned Counsel appearing for the petitioner has drawn the attention of this Court to an identical case in A.Rajeswar vs.

Managing Director, APSRTC & Ors (W.P.No.24363 of 1998, dated 1.9.1998), wherein this Court has considered and adjudicated the issue as to whether the casual workers are entitled for regularization on completion of 240 days, and allowed the writ petition by following the judgment reported in APSRTC v. P.T.Rao1, wherein Division Bench of this Court declared that the workmen are entitled for regularization. 5.

Learned Standing Counsel appearing for the respondents contends that the case of the petitioner was considered for regularization as and when vacancies arose i.e., w.e.f. 1.8.1990 and therefore, the petitioner is not entitled for regularization from the date of his initial appointment as there were no vacancies as on that date.

6.

Having considered the submissions made by the learned Counsel on either side, this Court is of the considered view that the issue raised in the present writ petition is squarely covered by the aforesaid judgment in A.Rajeswar vs. Managing Director, APSRT & Ors (W.P.No.24363 of 1998, dated 1.9.1998) and therefore, this writ petition can be disposed of in terms of the said judgment.

7.

Accordingly, the Writ Petition is disposed of in terms of the judgment rendered in W.P.No.24363 of 1998, dated 1 1998(2) ALT 47

1.9.1998, directing the respondents to consider the case of the petitioner to regularize his services from the date of his initial appointment without any back wages and other monetary benefits. However, the date of his initial appointment should be considered for the purpose of fixation of pay and pensionary benefits. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 12th October, 2018 Nn

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.16182 OF 2002 12.10.2018 Nn