K.P.V.V Prasada Rao, v. Andhra Pradesh State Road Transport Corporation
WP/26008/2014 · 2025-01-22
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25952 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25952 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26008 OF 2014 ^ Between: K.P.V.V Prasada Rao, S/o. Devaiah, aged 48 years, Conductor, E 384571, Gunture -1 Depot, Guntur, Guntur District. ...PETITIONER AND
1. Andhra Pradesh State Road Transport Corporation, Rep by its VC & MD, Musheerabad, Hyderabad.
2. The Regional Manager, APSRTC, Guntur Region, Guntur, Guntur District.
3. The Depot Manager, APSRTG, Gunture-I Depot,,Guntur, Guntur District. ...RESPONDENTS 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 a Writ, order or directions more in the nature of writ of Mandamus declaring the action of the respondents herein in not regularizing the petitioner service from the date of his initial appointment ie wef 29-2-1992 instead of 1-8-1996 as illegal and arbitrary and contrary to Judgments of this Hon'ble Court and set-aside the same and further direct the respondents herein to regularize the petitioner service wef 29-2-1992 with all consequential benefits including fixation of pay and other service benefits and pay arrears in the interest of justice as otherwise the petitioner may suffer irreparable loss and hardship.
I.A. NO: 1 OF 2014(WPMP. NO: 32496 OF 2014) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be respondent herein to consider the petitioner nd pleased to direct the 2 representation dated 10-10-2013 as per Law in the interest of justice. Counsel for the Petitioner: SRI P. GOVINDA RAJULU Counsel for the Respondent Nos.1 to 3: SRI S. VENKATESWARLU, SC FOR APSRTC The Court made the following: ORDER
APHC010366852014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N [3457] WRIT PETITION NO: 26008/2014 Between: K.p.v.v Prasada Rao ...PETITIONER AND ...RESPONDENT(S) Andhra Pradesh State Road Transport Corporation and Others Counsel for the Petitioner:
1.P GOVINDA RAJULU Counsel for the Respondent(S):
1.P DURGA PRASAD SC FOR APSRTC The Court made the following Order: The
learned counsel for the petitioner, appearing virtually online, submits that the petitioner joined the services of the respondents vide proceedings dated 06.03.1992. of the petitioner were regularized with effect from However, the services
01.08.1996. The learned counsel for the petitioner further submits that the respondents have regularized the services of similarly employed colleagues of the petitioner from the date of their initial appointment, of these employees approached the High Court and filed the writ petitions seeking regularization of their services from the
2. as some
HN, J W.P.No.26008 2014 2 date of their initial appointment. It is submitted that W.P. No. 1897 of employees, which was allowed was dismissed. SLP (C) No.3691 of 2006 before 1997 was filed for similarly placed and the writ appeal preferred by the respondents The respondents further filed the Hon’ble Supreme Court, which was also dismissed.
3. The learned counsel for the in W.P.No.21186 of 2013. employees who were also the date of their initial petitioner submits that this Court, considered the cases of similarly situated employed along with the petitioner from appointment.
4. The learned Standing counsel for that the petitioner from
29.02.1992. thereafter, his the respondents submits was appointed as a casual conductor with effect under the children of employees’ quota and on 01.08.1996 Recruitment Regulations. services were regularized Regulation 17 of the APSRTC as per It is submitted that there was no regular vacancy and therefore , the case of the petitioner could not be considered. It is also submitted years and as However, the learned Standing the respondents have employees who that the writ petition i such, it deserves to be dismissed, counsel acknowledges that when IS filed after more than twenty regularized approached the the services of the petitioner should the services of similarly situated Court and obtained orders have
HN, J W.P.No.26008 2014 3 been regularized on par with others, wherein the respondents regularized their services from the date of their initial appointment. The disparity shown by the respondents in regularizing a few employees and denying regularization to other employees from the date of their initial appointment has to be found fault with. Considering the judgment of this Court in W.P.No.21186 of
5. 2013, the respondents are hereby
directed to regularize the services of the petitioner with effect from the date of his initial appointment i.e., 01.08.1996, as done in the case of other similarly situated employees. Accordingly, the writ petition is allowed. There shall be no
6.
order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Vice Chairman and Managing Director, Andhra Road Transport Corporation, Vijayawada.
2. The Regional Manager, APSRTC, Guntur Region, Guntur, Guntur District.
3. The Depot Manager, APSRTC, Guntur-I Depot, Guntur, Guntur
4. One CC to Sri P. Govinda Rajulu, Advocate [OPUC]
5. One CC to Sri S. Venkateswarlu, SC for APSRTC[OPUC]
6. One CC to Sri P. Durga Prasad, SC for APSRTC
7. Three CD Copies. Pradesh State District. [OPUC] - ssb
HIGH COURT DATED:22/01/2025
ORDER WP.No.26008 of 2014 of o\ X 0 5 MAR 2n?5 . Current Section ml Co ft ALLOWING THE W.P. WITHOUT COSTS