C RAJA REDDY Vs. APSRTC MUSHEERABAD HYDERABAD

JUDGEMENT

(1.) This petition is filed seeking writ of Mandamus declaring the action of the second respondent in issuing proceedings No.E9/372/(3)/96-RM(t), dated 17-9-1996 as arbitrary, illegal and unconstitutional and for a direction to the respondents to fix his seniority from the date of his original appointment on 10-8-1975 and to consider his promotion for the post of Controller in the existing or future vacancies.

(2.) The petitioner was originally appointed as a Conductor by direct recruitment by order dated 9-8-1975. Subsequently the petitioner was terminated from service by the Depot Manager, APSRTC, Tirupathi by order dated 9-2-1977 on account of his involvement in some serious cash and ticket irregularities, as he was only a temporary employee. But, he filed an appeal before the Chief Executive, Tirupathi and on such appeal, the orders dated 14-9-1977 were passed by the Chief Executive once again appointing him as Conductor and posting him to Nellore Depot, as Conductor. But, on a subsequent representation made by the petitioner, he was transferred to Tirupathi division on 17-4-1978. Subsequently, the petitioner filed W.P.No.11222/96 seeking promotion to the post of Controller by taking his service into consideration with effect from 10-8-1975, which was the original date of appointment as Conductor. In view of some interim directions given by this Court in W.P.M.P.Nol3640/96 in W.P No.11222/96 the request of the petitioner for promotion was considered and his seniority was allowed only with effect from 30-9-1977 on which date he joined service as Conductor in Nellore Depot in pursuance of the fresh orders of appointment dated 14-9-1977. As his request for promotion by taking his service into consideration with effect from 10-8-1975 was not considered by the respondents, he has again chosen to file the present writ petition questioning the validity of the orders dated 17-9-1996, as per which his seniority was reckoned only from the date of his fresh appointment and the date of joining service as Conductor on 30-9-1977 at Nellore Depot.

(3.) The contention of the petitioner is that he was first appointed as a Conductor on 10-8-1975 and when his services were terminated by the order dated 9-3-1977, he filed an appeal before the Chief Executive, Tirupathi Transport. The said appeal was allowed and he was reinstated into service and as such his services for the purpose of promotion are to be taken into consideration with effect from 10-84975 and not from 30-9-1977, as directed in the impugned order dated 17-9-1976.