SHAIK MOHD RAFI Vs. A P STATE ROAD TRANSPORT CORPORATION REP BY VICE CHAIRMAN AND MANAGING DIRECTOR HYDERABAD

JUDGEMENT

(1.) The petitioners were appointed as Drivers Grade - II on 05-03-1986 and 30-03-1986 respectively, in the Ongole Division of APSRTC. Their services were regularized with effect from 01-11-1987, which was corrected as 01-08-1987. They filed WP No.10346 of 1996 seeking a declaration to the effect that they are entitled for regularization with effect from the date of their initial appointment. The Writ Petition was allowed on 11-07-1996, following the judgment, dated 24-07-1985, rendered by a Division Bench of this Court in WA No.705 of 1985. Ultimately, the benefit of regularization was extended and based upon the same, the petitioners were promoted as Drivers Grade-I on 01-08-1999.

(2.) About 10 years thereafter, the Regional Manager, Ongole, the 2nd respondent herein, issued a show cause notice to the petitioners requiring them to explain as to why their seniority be not revised as per Regulation 3 of APSRTC Employees' Service Regulations 1964. The proposal was to revise their seniority from places 68 and 73 to 267(a) and 260(a) respectively. The petitioners submitted their explanations making reference to the orders passed by this Court in W.P. No.10346 of 1996. However, the 2nd respondent issued orders, dated 17-10-2008, revising the seniority of the petitioners on the basis that their regularization took place in the year 1988.

(3.) The petitioners filed WP No.25426 of 2009 challenging the order, dated 17-10-2008. The writ petition was disposed of giving liberty to the respondents to issue fresh show cause notice mentioning all the grounds. Accordingly, a show cause notice was issued on 16-09-2009. The petitioners, however, did not submit explanation on the ground that the documents and information required by them were not furnished. The 2nd respondent passed an order, dated 15-03-2010, revising their seniority as proposed earlier. The same is challenged in this writ petition.