APHC010601542012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5102/2012 Between: 1. B. NELAKANTA, S/O YANGAMUNI, DRIVER R/O D.NO.4-2-692, SOMANATH NAGAR, ANANTAPUR 2. S. MADAR,, S/O S. DASTAGIRI, DRIVER R/O D.NO.19-110-A-287- 44, S.K.D.NAGAR ANANTAPUR 3. A PRASAD,, S/O KARIBASAPPA, DRIVER R/O UPPARAPALLI, ANANTAPUR DISTRICT, 4. C.C.S.RAYUDU,, S/O SUBBA RAYUDU, DRIVER R/O D.NO.6-17, GANESH NAGAR, ANANTAPUR 5. K. DASTA GIRI,, S/O BABIA, DRIVER R/O 2-2-296, GARLADINA MANDA & POST, ANANTAPUR DISTRICT. 6. P.V. NARAYANA,, S/O VENKATESULU, DRIVER R/O 11-310, ARAVIND NAGAR, ANANTAPUR 7. P. CHALAPATHI,, S/O P. LAKSHMANNA, DRIVER R/O D.NO.5/208A, OPP: ENGINEERING COLLEGE, CHINMYANAGAR, ANANTAPUR 8. N. SHANKARAYYA,, S/O N. SUBBARAYUDU, DRIVER R/O D.NO.286-7, OPP: RDT OFFICE, 9TH CROSS, ANANTAPUR 9. S. BASHA,, S/O S.K.DIVAN SAHEB, DRIVER R/O 1/2/20-H, BEHIND MRO OFFICE, B.K.S. ANANTAPUR 10. C. VENKAT NARAYANA SWAMY,, S/O C NARAYANA SWAMY, DRIVER R/O D.NO.1-3-676, SOMANATH NAGAR, ANANTAPUR. 2 11. S. MAHABOOB BASHA,, S/O S KHADAR BASHA, DRIVER R/O D.NO.28/1-273, BUDDAPA NAGAR, ANANTAPUR DISTRICT. 12. S. GANGE REDDY,, S/O NARASIMHA REDDY, DRIVER D.NO.7/322, GANDHI ROAD, NARPALA ROAD, BUKARAYASAMUDRAM, ANANTAPUR DISTRICT. 13. V.J.S.ACHARI,, S/O ESWARAIAH ACARI, DRIVER R/O TELIKI POST, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT. 14. ALIPERA, S/O PEDHA LALEPPA, DRIVER R/O D.NO.4-953, K.L.D.ROAD, PAPAMPETTA, ANANTAPUR. 15. P. SHIVA KUMAR,, S/O SHANKARARAO, DRIVER R/O GARLADENNI POST OFFICE STREET, ANANTAPUR 16. P. AYUBKHAN,, S/O P. SOHEBKHAN, R/O D.NO.10-1092-12-1A, OPP: IOC PETROL BUND, GAJJALA REDDYPALLI, KADIRI, 17. P.V.SUKUMAR REDDY,, S/O P. RAMALINGA REDDY, DRIVER R/O POOLAVANDLLAPALLI VILLAGE, PEDDANNAVARIPALLI POST, TALUPULA MANDAL, KADIRI, 18. P. ANJANEYULU,, S/O P. CHANDRA RAYUDU, DRIVER R/O NALLACHERUVU MANDAL, G.MALLIREDDYPALLI POST, ANANTAPUR DISTRICT. 19. S.MADHAR VALI,, S/O HYDERVALI, DRIVER R/O D.NO.2-57, MALLAMEDEPALLI POST :& :VIL;LA;G;E, GANDLAPENTA MANDAL, ANANTAPUR DISTRICT. 20. P.V.REDDY,, S/O P. OBJESH REDDY, DRIVER R/O GOVENDARAJUPALLI VILLAGE, PANIYANICHERUVU POST, N.P.KUNTA MANDAL, 21. E.BALU NAIK,, S/O E. BADDE NAIK, DRIVER R/O GOLLAPALLI THANDA VADALAPALLI POST, TALUPULA MANDAL, ANANTAPUR DISTRICT. 22. G. VENKATA RAMANA,, S/O G. GANGI SETTY, DRIVER, R/O NEAR MRO OFFICERS, TALUPALA POST & MANDAL, ANANTAPUR DISTRICT. 23. B. KESHAVA,, S/O B. VEMANNA, DRIVER, R/O D.NO.2-8-189, ROTARIPURAM, PULIVENDULA, Y.S.R. DISTRICT. 3 24. S. ALLABAKASH,, S/O S. MASTAN, DRIVER R/O YEGUVALINGELE POST, PULIVENDULA, Y.S.R.DISTRICT. ...PETITIONER(S) AND 1. THE VICE CHAIRMAN MANAGING DIRECTOR, APSRTC., MUSHIRABAD, HYDERABAD. 2. THE REGIONAL MANAGER, APSRTC., ANANTAPUR REGION, ANANTAPUR. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 2. K VISWANATHAM (SC FOR APSRTC) The Court made the following: 4 ORDER:- Learned counsel appearing for the petitioners, submits that the petitioners were recruited as casual drivers after having successfully completed the selection process in pursuance of notification dated 22.11.1999. The respondents initially notified the vacancies of 160 casual drivers and thereafter, 40 more vacancies were added to the notification. The petitioners were recruited on casual basis in the year 1999 and have joined the respective place of postings soon after the selection process was completed. 2. Learned counsel appearing for the petitioners submits that the respondent authorities had regularized the services of several casual drivers, except the petitioners and the regularization was in the year 1999-2002. It is further submitted that though the petitioners were disengaged for a specified of time, they were again re-engaged and had completed 240 days of service in a year which entitles them for seeking regularization of their services. It is also submitted that several such casual drivers working in the respondent organization were regularized from the date of their initial appointment. It is submitted that the petitioners were regularized on 05.10.2007 vide proceedings dated 15.10.2007. It is further submitted that the casual drivers who were recruited in the same notification were regularized in the year 1999-2002. However, the petitioners were not regularized on par with the other casual drivers who are selected along with the petitioners in pursuance of the very same notification. 3. Learned counsel for the petitioners, places reliance on the judgment passed by this Court in W.P.No.16379 of 2011, whereby this Court directed the respondents therein to regularize the services of the petitioners with effect from the date of on which they were selected in persons of the notification. A further direction to 5 complete the said process within a period of two months was issued to the respondents. It is also submitted that in pursuance of the said notification and in pursuance of the orders of this Court, the petitioners therein were regularized from the date of their initial appointment. It is submitted that the petitioners have been extended a different yardstick insofar as regularization of their services is concerned. 4. Learned counsel for the petitioners further submits that the casual drivers working in Anantapur depot were regularized from the date of their initial appointments and several employees working in the respondent organization as casual drivers were extended the said benefits including the employees working at Falaknuma depot. It is submitted that the respondents have chosen to deny the regularization of the petitioners from the date of initial appointment and as such claim that they are entitled and their services are on par with the other casual drivers who are regularized. 5. Learned counsel for the petitioners also placed reliance on the judgment of the Hon'ble Supreme Court in The Divisional Manager, APSRTC and others Vs. P.Lakshmoji Rao and others1, whereby, the Hon'ble Supreme Court held that if any casual drivers junior to the respondents in the relevant seniority list of the concerned Division/Region, have got the benefit of seniority and regularization or are entitled to get the same by virtue of the judgments that have become final, then the respondents who are seniors to them, shall be given the same benefit on the same principle. 6. Learned Standing Counsel appearing for the respondents, submits that the petitioners were regularized vide Proceedings dated 15.10.2007 and it is submitted 1 2004 (16) AIC 546 6 that their regularization could be possible only after a regular vacancy arose in the said Depot/Region. It is submitted that the petitioners’ services cannot be considered as the services on par with the other casual drivers working in other regions. Each Depot/Region would be considered as a separate unit and recruitment and postings would be depending on the available vacancies therein. As such, the regularization from the date of regularization of other casual drivers working in other regions cannot be extended to the petitioners as the regularization of those casual drivers working in those regions was completely dependent on the available vacancies in that specific Depot/Region. 7. Learned counsel for the respondents also submits that mere completion of 240 days of continuous service cannot ipso facto make the petitioners eligible for regularization. It is also submitted that the petitioners are claiming for regularization from the year 1999 and have challenged the Proceedings issued on 15.10.2007 after lapse of five years, as such on the delay and latches also the writ petition would have to be dismissed. 8. Learned counsel for the respondents placed reliance on the judgments of the Hon'ble Supreme Court in 1) Gangadhar Pillai Vs. Siemens Limited2 2) Divisional Manager, A.P.S.R.T.C and others Vs. P.Lakshmoji Rao and others 3 and 3) Regional Manager, A.P.S.R.T.C Vs. N.Satyanarayana and others4. 9. Heard the learned counsel for the petitioners and learned Standing Counsel for the respondents. 10. Perused the record. 2 (2007) 1 SCC 533 3 (2004) 2 SCC 433 4 (2008) 1 SCC 210 7 11. The claim of the petitioners seeking regularization from the date of their initial appointment cannot considered by this Court, as the regularization of their services would be completely dependent on the available vacancies in all particular Depot/Region. Petitioner Nos.4 and 15 have attained the age of superannuation during the pendency of the writ petition. 12. That apart, the petitioners cannot claim their services on par with the services of other casual drivers who are regularized in the other regions. The stand of the respondents that the petitioners were regularized soon after the vacancies arose in that particular region cannot be found fault with as the respondents could not have regularized the petitioners’ services from an earlier date when there were no available vacancies. However, considering the observation of the Hon'ble Supreme Court in Lakshmoji Rao's case, needless to mention that the petitioners will have to be given the benefit of placing them on par with other casual drivers who are regularized in the same depot and who are recruited in pursuance of the same notification. 13. It is made clear that the petitioners’ services would have to be regularized from the date of regularization of any of the juniors working in the same division and who are also recruited in the same notification. Any regularization of juniors to the petitioners would indicate that the petitioners were discriminated as compared to the juniors of the petitioners. The observation of the Hon’ble Supreme Court in Lakshmoji Rao’s case referred above would have to be extend the petitioners, insofar as regularizing their services on part with any of the juniors of the petitioners were also recruited as per the notification, dated 22.11.1999. 8 14. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date.09.03.2026 SR