APHC010521102022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE 12 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 31902/2022 BETWEEN: 1. M.V.V.S.N.D.R.M.RAO, S/ OCC: CONDUCTOR, E.N DEPOT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. 1. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS VICE CHAIRMAN DIRECTOR, NEHRU BUS STAND, APSRTC BUS COMPLEX, VIJAYAWADA, KRISHNA DISTRICT. 2. THE REGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, WEST GODAVARI REGION, BHIMAVARAM. 3. THE DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, TADEPALLIGUDEM DEPOT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 31902/2022 M.V.V.S.N.D.R.M.RAO, S/o.SIVA RAMAYYA, AGE.52 YEARS, CONDUCTOR, E.No.376248, APSRTC TADEPALLIGUDEM DEPOT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. ...PETITIONER AND THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, NEHRU BUS STAND, APSRTC BUS COMPLEX, VIJAYAWADA, KRISHNA DISTRICT. THE REGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, WEST GODAVARI REGION, THE DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, TADEPALLIGUDEM DEPOT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): [3330] THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO .SIVA RAMAYYA, AGE.52 YEARS, .376248, APSRTC TADEPALLIGUDEM DEPOT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. ...PETITIONER THE ANDHRA PRADESH STATE ROAD TRANSPORT AND MANAGING DIRECTOR, NEHRU BUS STAND, APSRTC BUS COMPLEX, THE REGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, WEST GODAVARI REGION, THE DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, TADEPALLIGUDEM DEPOT, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ by declaring the action of the 2nd respondent in issuing the orders No. P3/660 (05)/2000- RM.WG, Dated 8-5-2007 and also in issuing consequential recover order No. LC1/876-15(4)/2007-RM/WG, Dated. 17.06.2019 issued by 2nd respondent in spite of knowing the fact that the subject matter has attained finality in W.P. No. 12040 of 2007 and batch is as illegal, arbitrary, and without jurisdiction and consequently declare that the order No.P3/255 (02)/2003-RM-WG. District dt.30-08-2003 issued for decasualization and preponement of placement of time scale from 31- 07-1996 to 12-08-1991 are perfectly legal and justified and set aside the above said impugned order No. P3/660 (05)/2000-RM.WG, dated. 08- 05-2007 and further more the consequential recovery order No. LC1/876-15(4)/2007-RM/WG, dated 17-06-2019 by directing the respondents to pay all consequential service monetary benefits including arrears and pass such other order or orders. IA NO: 1 OF 2022 Counsel for the Petitioner: 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1. K SRINIVASA PRASAD SC For APSRTC 2. GP FOR SERVICES II The Court made the following: 3 ORDER: The 2nd respondent issued orders dated 08.05.2007 to the petitioner stating that the petitioner is not eligible for preponement of placement of ‘time scale’ from 31.07.1996 to 12.08.1991, the date of placement of ‘time scale’ of the petitioner was restored to 31.07.1996 and regulated, pay and increments. An order for recovery of money of Rs.81,199/- was issued through proceedings because the petitioner is not eligible to prepone the effective date of the time scale placement. 2. Learned counsel for the petitioner would submit that questioning the restoration of date of placement of time scale of the petitioner to 31.07.1996, the petitioner herein previously filed W.P. No.11432 of 2007 along with other employees, challenging the proceedings dated 08.05.2007 and the common High Court took a view that since the recover orders were not yet issued, it is premature to set aside the impugned order dated 08.05.2007 and dismissed the Writ Petition, granting liberty to the petitioners to approach the Court once again after consequential recovery orders issued. Now, the respondents have issued recovery orders vide proceedings dated 17.06.2019. Hence, the present Writ Petition is filed. 3. Learned counsel for the petitioner further submitted that several writ petitions came to be filed before the Common High Court in W.P. Nos.12040 of 2007, 12339 of 2007 and batch, and the Court has set 4 aside the proceedings memo No.P3/660(05)/2000-RM-WG dated 08.05.2007. Therefore, learned counsel appearing for the petitioner requested this Court to extend the same to the petitioner. 4. Based on the above said order of common High Court, a Coordinate Bench of this Court passed an order in W.P. No.8411 of 2021, dated 08.08.2024, directing not to effect the recovery proceedings. The counsel further stated that the order in W.P. No.12040 of 2007 has attained finality as no intra Court appeal is filed. 5. Respondent Nos.1 to 3 filed counter affidavits and stated that the recovery was not effected due to the filing of W.P. No.11743 of 1997 by the petitioner and others. 6. Considering the orders passed by the Coordinate Bench of this Court in W.P. No.8411 of 2021, 08.08.2024, basing on the orders dated 04.10.2018 in W.P. No.12040 of 2007, the present writ petition is allowed setting aside the impugned order No.P3/660(05)/2000-RM:WG, dated 08.05.2007 of the 2nd respondent and consequently recovery order No.LC1/876-15(4)/2007-RM/WG, dated 17.06.2019, is hereby set aside. However, no order as to costs. As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 12.08.2026 Harin 5 35 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 31902 of 2022 Date: 12-08-2026 Harin