High Court · 2025

Judgment

5. ri.

7. B- AND 1' Andhra Pradesh State Road rransport corporation, Bus Bhavan, Mushirabad, ^ Hyderabad Rep.by its Managing Director. z. rhe Executive Direc{o(A&p), A.p.S.R.T.C, Bus Bhavan, Mushirabad, 3. G. R.Kiran, E.114153, public Relations fficer, A*SRTC., Bus Bhavan, Hyderabad. Mushirabad, Hyderabad.

...RESPONDENTS Petition under Articre 2% of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ or order or Direction more partlcurarry in the nature of writ or order or Direction more particurarry in the nature of writ of Mandamus declarir'3 rlre proceedings No. Ea/255(26y2009-PD daterd 19'10'2013 of the 2nd Responde.t prr>moting the 3rd Respondent to the posl ol senior Scale officer, is arbitrarl trnjust, contrary to APSRTC Emplovees(Service) Regulations, 1964 r o rtr€rry to APSRTC Employees (Recruitment) Regulations, 1966, discriminator.y' a rd in violation of Article 14, Articlel6 and Arlicle 21 of the constitution of lndirr and set aside same and consequently direct the Respondents 1 ancj 2 .o promote the petitioners to the post Senior Scale Officer from 1g.10.201 3 thr: rl rte on which their junior-3'd Respondent rvas promoted to the post of Senior Scale ()fficer, with all consequential benefits l.A. NO:1 OF 2014(WF'Mt'. NO: 14233 OF 20141 petition under :;ection 151 CPC praying that in the circumsrtances stated in the affidavit filed ,r. support of the petition, the High court may )e pleased to grant an interim direr+ion the respondents 1 and 2 to promote ihe petitioners to the post of senio. .sr:a e officer forthwith, pending disposal of the writ petition Counsel for the Petitioner: SRI A. G. SATYANARAYANA RAO Counsel for the Responc{ent Nos. 1&2: SRI THOOM SRINIVAS (SC: FOR TSRTC) Counsel for the ResJxrnclent No.3: Ms. K. UDAYA SRI The Court made the lollowing: ORDER .) HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA . WRIT PETITION No. 7-129LOF2OL4 . ORDER: Calling in question the proceedings dated 19.10.2013 of the 2"d respondent through which the 3'd respondent was promoted to the post of Senior Scale Officer' petitioners are before this Court. They seek a direction tc RespondenLs 1 and 2 to promote them in his stead' The main grievance of petitioners is that all of them '2. rl,orkecl a s Depot Managers for the required period of three )'ears, therefore, they are all eligibie for promotion to the next lrighcr post tf Senicr Scale Offrcer as per their placement in the combinerl se niority. It is stated, petitioners 1, 3 and 8 belong to Sciicrirrici Casl,e community and petitioners 5 and 6 belong tc -i'ribe. As per Regulation 4(b)(ii) of APS RTC Schrrr,-rii:r1 Di'npiolr'i:s'[Servicei Reguiations, 1964, in case of Scheciuieci Caslc ,i Scheduled Tribe candidates, as long as such canii<late is cc:rsicitrecl iit for promotion, it shall be made accorC'irLg :o !c.r1(ifii\ atij. lhev cannot be superseded by any junior on '.he 'qrr.,'iltril .i sup'-'rior merit and ability ' Ii is stated further ttiat the 3'c respondent is a'' S;i-irLl )ii:. ii; .,i stnioritv' list of Assistant r\jlechar-rical Ertgir;e:rs and woulcl ir: i Serial No. 44 in the combined senior iy list of Junior Scal : --'ff cers, further he never u.'orked as; Depot Manager anr:i ttrti the 3'd respondent renders setice as Depot Manager firr r pe -icd of three years, he is not entrtled 1-o be considered f'c r t h : next promotion to the post of [)iv sional Manager ,/ Iltr l) -rtl' Chief Mechanical Engineer, howeve-', lre rvas posted as Pr i, ic Relations Officer under Reguiation 5 on a temporary- i-r; s s, though he does not possess the rerluisite qualificatic,n , r' P.rl. Diploma in Journalism from a rocc gnized instilution 1 r. ( r,ling to petitioners. lhe 3'd respond,:nt is junior to al' i - r-- ''.iti,;ne rs, blt! hc .sas arbitrarily prctnoted to the post cl1 :'rt: i :- Scale ()lili:cr r:iCe Lrrclcr impugred rrrLd oosted as Senior I\it i : ii:,'t:rtilns Miinz:ger.

3. ior petitioners -qri A.G. Sat"vanara'r: Li- .. I'ir i; .-.i,i1-;inits ihai the 3'd responrlent i:i :reither ::r rl ,::ulsei quaiified r r z{r'rJ ,)i co n -"icie r-ation for proi]-roii,ln to the post of Sctri:'' .r'-:rr Lliircri'- it ls s.rbmitled lhat .iespt,ncients 1 and 2 art i ' s n:. Reg:-il:riiori .3(i oi lhc 196i; R,:r;ol,rtions. though rh r: fii:griiation speciiii:s ihaL on1.,, elig.ible and qualifiei ca rt' iri::. ir;ive lr be liomoted in casi: of t,tmporary .:i;',rr;i.ll' .1i i1'1 i,r').{-)!).2Ci0. :t u'as :leariv need. ir: a' J specified that promotions under Regulation 30 shall not be resorted to except in rarest of rare cases in administrative exigencies. However, in this case, Respondents I and 2 resorted to Regulation 30 and continuing the 3.d respondent in the higher post of Senior Scale Ofhcer permanently depriving promotion chances of petitioners who are seniors to the 3.d respondent.

4. Respondents i and 2 stated in their counter that the 3.d respondent ll.as initially appointed on 10.O4.1991 as Deputy Superintendent (Mechanic) against ex-cadre post under sports quota; he q'as promoted as Superintendent (M) on

18.09. 199 1 anci as Asst. Engineer (Mech) on O4.06.1992 against ex-cadre posts in recognition of his sports achievements. His seniority in the cadre oi AE (M) was fixed at appropriate place in terms of Board Re solr-rtion dated 31.08. 1998, thus he was brougl-rr to rcqular stream from ex-cadre post. It is stated, the Regulzriions stipirlate that the post of Public Relations Officer can be lillcd by transierring a suitable class I Junior Scale Ofl-rce:. The 3'c respondent does not belong to the cadre of PRO :rnti not s'orked as Depot Manger so far, as such he is not entitieci tor- prontotion to the post of DM/Dy.Chief Mechanical Ei-iginccr. i^Lo,,1r-!ci, irc rvas posted to work as PRO keeping in I vies, his flar r- , ': ,:arn''ing out PR r'vorks -rvith dilige nctr; I Lt that time, he is, n,r in possession of PG diploma in -jourralisrr' but he obtain<:d r First Class PG diploma in Journalis'r ir ' 2013 subsequentl.v i nd also completed hve years cf servicr: zrs PRO are pre-re(llli:i I e fi)r promotion I is stated, promotion of the 3r'l reslronrient is purely on tcrri or:rry basis s'ithout any probation:iry rigl'ts, his services ir: '1.h: settior scale *'iil ooly'get reguiarlse i ar: :n 1u'hen his juniors it I r eiLgible for promotion as SSO an<: by placing his case before l,lr. Selection Committec as per hrs turn l is further stated that r r' al1 the pctilloners, as is contencled, are eligible for promolic,r c the post of SSO. Petifioners i . 3 +, I ar:d 8 are only eligiblc i,' p^omotion as SSO as pt'l' iilcii' 1r-til'l ril trc hter se senioritr' ' .-i5lOs subjccr to l.iiirli:lE si ltciio:l ' t 'e"ia and avaiiabilifr' r ) ','lrcAncrie s; pe ti:ictl,:rs 2 "" '-ll.l i 7 l'rr ve not -ears oi sen'icr: as Depr'i \iLltllier 'o lccome - r c'n ol-iorr, pelltioncr )ir,r.7 $ ilil i:, ir 1le:sonnel completec eligible 1or rt: - r :i rIOl compieLcd il'.e \:':irs r'tf .ic:-.'i :' :ts iPe :sonnel Departmen t Officer, the i r r' , ,she is nlrt eiigible i.' i-r.rr:lli)i l.l aiso state C i i i. hcugir ih" 2ni rcsilirilaie ri nas ro :c:npleted :r thr:r' It is three yea-s l ::e r''ia:,: a-q ilecol iv{ar,llgt'r. .ls ila: Rulrl, la ion 30, he was t:'r' r,rr :r'iij i,ria)l;li)li{l .,it,i ljf i !.j'.e .':i of the o ) promotron are not hampered in any way on account of this temporary promotion. Ultimately, it is stated that there are seniors to petitioners who are eligible for promotion to the post of Senior Scale Ofhcer, therefore, the representation of petitioners to promote them as Senior Scale Officers from the date of promotion given to the 3.d respondent cannot be considered. Hence, it is prayed that this Writ petition be dismissed.

5. The 3rd respondent in his counter stated ttrat he joined the Corporation as Deputy Superintendent (M) on

12.O4.1991, subsequenrly, was issued proceedings dated L2.O4.2OOB promoting him to Cass-i Junior Scale Officer, on the same day hc u.as posted as PRO at Head Offrce witl. effect from

31.O5.2O08, ho*'er.cr, peii'Lioners have not chosen to challenge the proceedings datecl 12-04.2008, hence, the plea of petitioners is liable to rejectcd on rhe ground of latches. It is stated that since he completed fir,'c vears .:f ser-vice as PRO and possessed PG diploma in journalisr:r lrom the Institulions of Bharatiya Vidya Bha,.,an, Hr.derabad, he r,r,as promoted. He w as further promoled as Scnior PRO in cxercise of powers under Regulation 3O as hc \\'as ihe onlr. PRO r.r,orking in the Corporation and eligible tc oc piaced on Drornorion as Senior PRO. Since 6 a petilioners a r,: ''l ol \r-orking in the cadre oi PRO rh' r\ a -c n ot entitled to :'c ;11ced in the cadre' !i: M. Ram Mohan Reddy, learneci -ltrLnding

6. Counsel fo ilr: Corporation reiterating the conte illio.l:; pteaded in the countr:r'r Lffirlavit, submits that Writ Petiticr is iz'bi': to be dismissed. .{: is contended by the respor:il ::lts it: their 7. respective c,)'tlr:ters, the order impugned u'as passei t ..o noting the 3.d respc,r tl :n1 as Senior Scale C)fficer. 'I'he sri ii o- iir:r clearly specihes t"rat i is promotion to the rank r!)f Sr:n'iI S' : 'r: C)fficer in the post ol lienior PRO is purell' on [einpor:i'' il:i;l:' i'''ithout any claim fcrr:-,:gularisation in the cadrc at 2r la-r'i it: ' llince it is a tempcrcr\ poriting, peli!'ic)ncr-s canlii)i ha1-t' that regarl I-:rther, Reguiation 30 auii-tl'l is":: : rr;-'r 'ir ie nt on administrtttive exigency and no PR{J is i\'')'xr I - i .'l:ii:rsi ihe cadre pos'-, t ^ t relbre. to meel the ailrnl;lls''i;:i'- :': ' c-''. lhe " rllL€ i- r','ho -worked as PRO ici il" i i. i 'ii.: :r' 3'd responcle r possessed t'e:ttisite qualification, u:'q r:i-r)Jlr(''i 1l: ili- r- r,,,ho ti i l-ti aS SPRNI in :onriliaece ra'i lh the above Rcq''ri'''"i: i': :i. it is to be notrlcl :r-at the 3'd respotldel)i *'aili llal)il - i. : ]:, licccedinEs '. r t er1, i2.C4.20{-t8 a:lc q":'-3 r}r'.'ir. ; . i' i-r{)i inake ot r a,n\i grievanct ct-ii t:t rhc ri.lr lri r )RO by 's la\.e r: first 7 L ,., time, after he was promoted as Senior PRO, they have come up with this Writ Petition. But at the same time, the contention of petitioners that the post of Dy. Chief Public Reiations Manager has to be frlled by promotion by selection of PRO who has put in not less than five years of service and must be in possession ofa degree or PG Diploma in Journalism or by transfer of suitable Divisional Manager / Senior Scale Ofhcer, cannot be brushed aside. It is an admitted fact that the 3rd respondent is not borne in the cadre of PRO nor a Divisional Manager / Senior Scale offrcer for considering transfer, hence promotion of the 3.d respondent, who is junior to petitioners is contrary to law. It is needless to observe lhat lemporar\. promotion is resorted to only for short periods but not indef-tnitety and in the guise of temporary promotion, a junior olficer cannot be promoted to the higher post ahead of senror officers- In this view of the matter, this Court deems it appropriate ro direct the respondents to consider filling up the said post permanently with a suitable candidate.

8. The Writ Perition is acccrdingly, disposed of directing the Respondents I and 2 ro consider lhe feasibility of frlling up the post of Seirior Pubiic Relations Officer, on t t 8 permanent b:,lt l: , n rthin a period of eight u'ee ks fri n t! : r. ate li receipt of a c':ri r'' rlf this order' No costs (.<, r secluently, the miscellaneous Al>i'rlit atic ns' if I an-v shall sl art j :1o sed /ITRUE COPY// SD/. ASFIS L. LAKSHMI BABU TANT REGISTRAR \i SECTION OFFICER To, 1 1 2 3 4 5 6 7 B The Managing Dirr:ctor, Telangana State Road Transport Cor:oration, Bus Bhavan, Jvlusl-ri -abad, Hyderabad The Executiv: )irecto(A&P), T.S.R.T.C, Bus Bhavan, Mushirr,tbad, Hyderabad G.R.Kiran, E:-'' 4153, Public Relations Officer, TSRTC ' Bus E'havan, Mushirabad, l-lvderabad. one cc to slil. A. G. SAWANARAYANA RAO, Advocate [OPucl ONE CC tO IJFII. C SUNILKUMAR REDDY(SC FOR APSRTCJ [OPUC] One CC to li':ll. TI-IOOM SRINIVAS (SC FOR TSRTC) [oPUr:)] One CC to Ms. K. UDAYA SRl, Advocate [OPUC] Two CD Copit:r; B M r,^, GJP TT \ \ (( ', HIGH COUR'I' DATED: 1 110?-12025 . r\c 5 _:- ,i, - € L k q ) o 3l lvlA :I5 * -^ t ::lo,\ (\.\)u/ O1 ORDER WP.No.11291 ol' 2014 DISPOSING CIF THE WRIT PETITION WITHOUT COSTS .oP(d \o- ta^ - /,^\>5 '?at-'