K Srinivas Rao v. District

Petition Constitution of circumstances stated in the affidavit filed herein the High Court will be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not fixing the pay of the petitioner by adding increments for the year 1996-97 in the cadre of conductor as illegal, arbitrary and unjust and consequently direct the respondents to fix the pay of the petitioner by adding increments and should be taken the same before fixing the pay of Junior Assistant, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondents: SMT.P.RAJANI REDDY The Court made the following: ORDER: In this writ petition, the petitioner who is working as a Junior Assistant in the Andhra Pradesh State Road Transport Corporation (for short, ‘the Corporation’) seeks directions by way of mandamus to declare the action of the respondents in not fixing his pay by adding increment for the year 1996-97 in the cadre of Conductor as arbitrary and illegal. The petitioner was initially appointed as Conductor on 01-08-1991 on temporary basis in the Corporation and was attached to Bhadrachalam Depot of Khammam District. He worked as such up to 29- 07-1997. Pursuant to the notification issued for direct recruitment to the post of Junior Assistant, he applied for the same and was selected and appointed as Junior Assistant on 31-07-1997. In this writ petition, it is the grievance of the petitioner that he was not given the benefit of increment which was to be released on 01-08- 1997 while fixing his pay after his appointment as Junior Assistant. In support of his case, the petitioner seeks to rely on Regulation 7A of the Andhra Pradesh State Road Transport Corporation Service Regulations, 1964 (for short, ‘the Regulations’) framed under Section 45 (1) of the Road Transport Corporations Act, 1950. A perusal of Regulation 7A of Regulations makes it clear that it gives benefit to the employees in the service of the Corporation selected by direct recruitment to another post for the purpose of carrying forward the leave at his credit on the date of such appointment, for reckoning of the services to the new post as a continuation of service in the former post, for the purpose of calculation of gratuity due to him and for the purpose of provident fund etc. For the purpose of fixation of pay, the relevant provision is Regulation 7A(e) of the Regulations which reads as follows: “For fixation of pay in the time scale of the new post at the stage equal to the pay in the former post and if there is no such stage, at the next higher stage of pay in the new post.” In this case, it is not in dispute that the increment for the year 1996-97 was to be released only on 01-08-1997. Even before earning of such increment, the petitioner was relieved from the post of Conductor on 29-07-1997 and he joined in the new post on 31-07-1997. In that view of the matter, he was not eligible for any increment in the post of Conductor on 01-08-1997. As such, he cannot seek pay protection by claiming increment, which was to be released only on 01-08-1997. For the aforesaid reasons, I do not find any merit in this writ petition so as to grant any direction for fixation of the pay of the petitioner by adding increment for the year 1996-97 as prayed for by him. The writ petition is devoid of any merit and accordingly, the same is dismissed. No order as to costs. R.SUBHASH REDDY, J Dated: 11-11-2008 ..... REGISTRAR // TRUE COPY // To SECTION OFFICER 1 The Executive Director, A.P.S.R.T.C., Karimnagar Zone, Karimnagar District. 2 The Regional Manager, A.P.S.R.T.C., Karimnagar Region, Karimnagar District. 3 The Depot Manager, A.P.S.R.T.C., Manugur Depot, Manugur, Karimnagar District. 4 The Depot Manager, A.P.S.R.T.C., Khammam Depot, Khammam District. 5 2CD copies