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High Court of Andhra Pradesh · body

2026 DAILYLAW 6559 (AP)

M. Hemanth Kumar v. The Andhra Pradesh State Road Transport Corporation

WP/43067/2018 · 2026-07-19

V Sujatha

body2026

Judgment text

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APHC010893462018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOS: 43130, 43067 and 42900/2018 WRIT PETITION NO: 43130/2018 Between: 1. K. SHIVA BASIVI REDDY, S/O. GOVARDHAN REDDY, AGED ABOUT 48 YEARS, DRIVER(E-359182), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 2. P. PITCHESHWARA RAO, S/O. VENKATESHWAR RAO, AGED ABOUT 48 YEARS, DRIVER(E-359183), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 3. I. DAVEEDU, S/O. VENKAIAH, AGED ABOUT 50 YEARS, DRIVER(E- 359189), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 4. J. PRABHAKAR RAO, S/ O. NAGAIAH, AGED ABOUT 49 YEARS, DRIVER(E-359298), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADEDH. 5. P. PRASAD, S/ O. SRIRAMULU, AGED ABOUT 48 YEARS, DRIVER(E-359316), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 2 VS,J W.P.Nos.43130 of 2018 & batch 6. P. VENKAT RAMAIAH, S/O. KONDAIAH, AGED ABOUT 46 YEARS, DRIVER(E-359324), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE ANDHRA PRADESH, STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS THE MANAGING DIRECTOR, PANDIT JAWAHARLAL NEHRU BUS STATION, VIJAYAWADA, ANDHRA PRADESH. 2. THE REGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA REGION, KRISHNA DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 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 to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent herein in rejecting the change of date of regularisation of the petitioners w.e.f. their initial appointment is bad, arbitrary and illegal by setting aside the Proc. No. P2/876(09)/2010- RM ICR dt. 12-07-2018 of the 2nd respondent herein and consequently direct the respondents to change the date of regularisation of the petitioner w.e.f. date of petitioner s initial appointment or at least w.e.f. 05-10-2007 instead of 01-07-2009 and pass Counsel for the Petitioner(S): 1. V S K RAMA RAO Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) WRIT PETITION NO: 43067/2018 Between: 3 VS,J W.P.Nos.43130 of 2018 & batch 1. M. HEMANTH KUMAR, S/O. M.B.K. MOHAN RAO, AGED ABOUT 51 YEARS, CONDUCTOR(E-358960), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, MACHILIPATNAM BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 2. K. JAYA PRAKASH, S/O. AZRA, AGED ABOUT 42 YEARS, CONDUCTOR(E-358954), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 3. B. SANJEEVA RAO, S/O. VENKATESHWAR RAO, AGED ABOUT 40 YEARS, CONDUCTOR(E-358982), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 4. V. NAGESHWARA RAO, S/O. APPA RAO, AGED ABOUT 41 YEARS, CONDUCTOR(E-359111), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, IBRAHIMPATNAM BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 5. N. GOPALA KRISHNA, S/O. SUGUNA RAO, AGED ABOUT 48 YEARS, CONDUCTOR(E-358935), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, NUZUVEEDU BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 6. S. SATTI BABU, S/O. RAMU NAIDU, AGED ABOUT 42 YEARS, CONDUCTOR(E-359017), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-II BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 7. P. PRUDVI, S/O. CHINNA VENKATAIAH, AGED ABOUT 45 YEARS, CONDUCTOR(E-359021), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, KAVALI BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS THE MANAGING 4 VS,J W.P.Nos.43130 of 2018 & batch DIRECTOR, PANDIT JAWAHARLAL NEHRU BUS STATION, VIJAYAWADA, ANDHRA PRADESH. 2. THE REGIONAL MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA REGION, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE TELANGANA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, BUS BHAVAN, MUSHEERABAD, HYDERABAD, TELANGANA STATE. ...RESPONDENT(S): 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 toto issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent herein in rejecting the change of date of regularisation of the petitioners w.e.f. their initial appointment is bad, arbitrary and illegal by setting aside the Proc. No. P3/785(01)/2011- RM/ICR dt. No. P3/785(01)/2011- RM/ICR dt. 06-08-2018 of the 2nd respondent herein and consequently direct the respondents to change the date of regularisation of the petitioner w.e.f. date of petitioners initial appointment or at least w.e.f. 05-10-2007 instead of 01-07-2009 and pass Counsel for the Petitioner(S): 1. V S K RAMA RAO Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) WRIT PETITION NO: 42900/2018 Between: 1. V.V.K. RAO, S/O. VENKAT REDDY, AGED ABOUT 40 YEARS, CONDUCTOR(E.358934), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNORPET-I BUS DEPOT, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 2. Y.V. RAO, S/O. SRIRAMA MURTHY, AGED ABOUT 40 YEARS, 5 VS,J W.P.Nos.43130 of 2018 & batch CONDUCTOR(E.358953), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNORPET-I BUS DEPOT, VIJAYAWADA, KRISHNA DISTLRICT, ANDHRA PRADESH. 3. P.R. MALA, W/O. PRASAD, AGED ABOUT 50 YEARS, CONDUCTOR(E.358957), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GUDIWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 4. J. MARIYAMMA, W/O. RAMESH BABU, AGED ABOUT 38 YEARS, CONDUCTOR(E.358978), ANDHRA. PRADESH STATE ROAD TRANSPORT CORPORATION, HAYATNAGAR-I BUS DEPOT (ON DEPUTATION), HYDERABAD, TELANGANA STATE. 5. T. RAJESHWARI, D/O. SRINIVASA RAO, AGED ABOUT 43 YEARS, CONDUCTOC(E.358986), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VUYURU BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 6. M. SAILAJA, W/O. SHYAM BABU, AGED ABOUT 50 YEARS, CONDUDTOR(E-358996), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADELI. 7. K. RAJESHWARI, W/O. PUNNAIAH, AGED ABOUT 46 YEARS, CONDUCTOR (E-358999), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, IBRAHIMPATNAM BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADEF2H. 8. P.D. KUMARI, S/O. RAMA KRISHNA, AGED ABOUT 40 YEARS, CONDUCTOR(E-359000), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 9. P. RAJA SHEKAR, S/O. SANJEEV RAO, AGED ABOUT 39 YEARS, CONDUCTOR(E-359002), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 10. D.S. PRASAD, S/O. D.V.N. KUTUMBA RAO, AGED ABOUT 49 YEARS, CONDUCTOR(E-359006), ANDHRA PRADESH STATE 6 VS,J W.P.Nos.43130 of 2018 & batch ROAD TRANSPORT CORPORATION, VIDHYADHARAPURAM BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 11. CH. SUJATHA, W/O. JOGESHWAR RAO, AGED ABOUT 40 YEARS, CONDUCTOR(E-359013), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 12. S.K. DURGA, W/O. VENKATESHWAR RAO, AGED ABOUT 44 YEARS, CONDUCTOR(E-359015), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, JANGAREDDYGUDEM BUS DEPOT,. KRISHNA DISTRICT, ANDHRA PRADESH. 13. K.V. RARNANA, S/O. SATYANARAYANA, AGED ABOUT 50 YEARS, CONDUCTOR(E-359022), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GUDIVADA BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRACL-SH. 14. CH. V, RAMANA., S/O. KANUMULU, AGED ABOUT 48 YEARS, CONDUCTOR(E-359024), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOKAVARAM BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 15. V.V. PRABHKAR, S/O. SUBBA RAO, AGED ABOUT 44 YEARS, CONDUCTOR(E-359029), ANDHRA PRADESH STATE ROAD TRANSPORT, CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 16. K.K. KUMAR, S/O. GARUDACHALARN, AGED ABOUT 40 YEARS, CONDUCTOR(E-359035), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 17. P.K, KURNARI, W/O. PAPA RAO, AGED ABOUT 48 YEARS, CONDUCTOR(E-359043), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 18. S. PADMAVATHI, D/O. UMA MAHESHWAR RAO, AGED ABOUT 40 YEARS, CONDUCTOR(E-359068), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GUDIVADA BUS DEPOT, 7 VS,J W.P.Nos.43130 of 2018 & batch KRISHNA DISTRICT, ANDHRA PRADESH. 19. G.M. RAO, S/O. VENKATESHWAR RAO, AGED ABOUT 48 YEARS, CONDUCTOR(E-359080) ANDHRA .PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 20. J.V.S.S. BABU, S/O. SAMBASHIVA RAO, AGED ABOUT 39 YEARS, CONDUCTOR(E-359087), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 21. D.V. RAMANA, S/O. D.K. VEERAIAH, AGED ABOUT 53 YEARS, CONDUCTOR(E-359089), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I. BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 22. P. SUJATHA, W/O. SRINIVASA RAO, AGED ABOUT 39 YEARS, CONDUCTOR(E-359093), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VUYURU BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 23. B. SURESH, S/O. SUBBA RAO, AGED ABOUT 40 YEARS, CONDUCTOR(E-359101), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, GOVERNERPET-I BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 24. G. RATNA KUMARI, W/O. IZRAIEL, AGED ABOUT 43 YEARS, CONDUCTOR(E-359119), ANDHRA PRADESH STATE ROAD T 'ANSPORT CORPORATION, IBRAHIMPATNARN BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 25. R. ASHALU, W/O. BUCHAIAH, AGED ABOUT 39 YEARS, CONDUCTOR(E-359073), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, JAGGAIAHPET BUS DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH. 26. B. PARAMESHWAR RAO, S/O. BRA HMAIAH, AGED ABOUT 39 YEARS, CONDUCTOR(E-359011), ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, JAGGAIAHPET BUS DEPOT, 8 VS,J W.P.Nos.43130 of 2018 & batch KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS THE MANAGING DIRECTOR, PANDIT JAWAHARLAL NEHRU BUS STATION, VIJAYAWADA, ANDHRA PRADESH. 2. THE REGIONAL MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, VIJAYAWADA REGION, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE TELANGANA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, BUS BHAVAN, MUSHEERABAD, HYDERABAD, TELANGANA STATE. WRIT PETITION IS DISMISSED AS AGAINST THE 3RD RESPONDENT AS PER C.O. DT 27.11.2018 IN WP NO.42900/2018 ...RESPONDENT(S): 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 toto issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent herein in rejecting the change of date of regularisation of the petitioners w.e.f. their initial appointment is bad, arbitrary and illegal by setting aside the. Proc. No. P3/785(03)/2011- RM/KR dt. 06-08-2018 of the 2nd respondent herein and consequently direct the respondents to change the date of regularisation of the petitioner w.e.f. date of petitioner's initial appointment or at least w.e.f. Q5-10-2007 instead of 01-07-2009 and pass Counsel for the Petitioner(S): 1. V S K RAMA RAO Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 9 VS,J W.P.Nos.43130 of 2018 & batch 2. . The Court made the following: 10 VS,J W.P.Nos.43130 of 2018 & batch COMMON ORDER: All these petitions are filed claiming same relief by different petitioners, but the issue involved in these petitions is one and the same. Therefore, I am of the view that it is appropriate to decide all the petitions by way of this common order taking W.P.No.43130 of 2018 as leading petition. 2. W.P.No.43130 of 2018 came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent herein in rejecting the change of date of regularisation of the petitioners w.e.f. their initial appointment is bad, arbitrary and illegal by setting aside the Proc. No. P2/876(09)/2010- RM ICR dt. 12- 07-2018 of the 2nd respondent herein and consequently direct the respondents to change the date of regularisation of the petitioner w.e.f. date of petitioner s initial appointment or at least w.e.f. 05- 10-2007 instead of 01-07-2009 and pass…” 3. The case of the petitioners is that they were appointed as drivers in the month of April, 2000 in the respondent corporation pursuant to a notification bearing No.P2/684(1)/2000-R.M(V), dated 30.08.2000. Subsequently, they were shown as „Casual Drivers‟ and were regularized with effect from 01.07.2009 by the 2nd respondent vide proceedings dated 24.07.2009. 11 VS,J W.P.Nos.43130 of 2018 & batch 4. Aggrieved by the action of the respondent authorities in not regularizing the services of the petitioners from the date of their initial appointment or after completion of 240 days from the date of appointment, the petitioners filed W.P.No.20794 of 2010 wherein, this Court, relying on the order dated 12.10.2011 passed in W.P.No.14783 of 2010 and batch, directed the respondent authorities to regularize the services of the petitioners with effect from the date on which they were selected pursuant to the notification dated 30.08.2000, in terms of G.O.Ms.No.285, TR&B(Tr.III) department, dated 05.10.2007 within a period of two months. As the respondent authorities have not complied with the said directions of this Court, the petitioners were constrained to file C.C.No.1960 of 2018, pending which, the respondent authorities, vide the impugned proceedings dated 12.07.2018, rejected the case of the petitioner on the ground that G.O.Ms.No.285, TR&B(Tr.III) department, dated 05.10.2007 is not applicable to the petitioners. Aggrieved by the same, the present writ petition is filed. 5. The respondent corporation filed a detailed counter affidavit admitting the facts stated by the petitioner with regard to their appointment and further stated that the petitioners were appointed vide proceedings dated 10.01.2001 and were decasualized with effect from 01.07.2009. It is further stated that the petitioners in W.P.No.14783 of 2010 and batch were appointed by the respondent corporation pursuant to a notification dated 12 VS,J W.P.Nos.43130 of 2018 & batch 10.10.1999 and as such, their services were regularized in terms of G.O.Ms.No.285, dated 05.10.2007, with effect from 05.10.2007. In the case on hand, the petitioners were recruited pursuant to a notification dated 30.08.2000 and they were appointed vide proceedings dated 10.01.2001; as such, their services were decasualized with effect from 01.07.2009 basing on the G.O.Ms.No.145, TR&B(Tr.III) department, dated 01.07.2009. As G.O.Ms.No.285, dated 05.10.2007 issued in favour of the employees recruited in the year 1999 will not be applicable to the case of the petitioners, the respondents requested this Court to dismiss the writ petition. 6. Heard Sri. V.S.K. Rama Rao, learned counsel for the petitioners and Sri. Aravala Rama Rao, learned Standing Counsel for the respondent corporation. 7. Perused the entire material available on record. Admittedly, the petitioners were appointed in the respondent corporation vide proceeding dated 10.01.2001 pursuant to a notification dated 30.08.2000. The petitioners were decasualized with effect from 01.07.2009 vide proceeding dated 24.07.2009. It is the case of the petitioners that similarly situated employees, were regularized in terms of G.O.Ms.No.285, dated 05.10.2007 but whereas the petitioners‟ services were regularized with effect from 01.07.2009. 13 VS,J W.P.Nos.43130 of 2018 & batch 8. It can be seen that the Government of Andhra Pradesh, vide G.O.Ms.No.285, TR&B(Tr-II) department, dated 05.10.2007 accorded permission to regularize the casual drivers and conductors recruited up to March, 1999 with prospective effect only as a special case. Basing on the said order of the Government, the respondent corporation, vide Office Order No.OS4/255(25)/2006-PO-III, dated 06.10.2007 regularized such casual drivers and conductors with effect from 05.10.2007. Similarly, the Government vide G.O.Ms.No.145, TR&B(Tr-II) department, dated 01.07.2009 accorded permission to regularize all the casual drivers and conductors recruited upto 2001 with prospective effect; basing on the same, the respondent corporation, vide Officer Order No.OS4/255(36)/2007-PO-III, dated 04.07.2009 regularized all the casual employees recruited upto 2001 with effect from 01.07.2009. 9. When the petitioners were not appointed pursuant to the notification dated 10.10.1999, the question of regularizing them in terms of G.O.Ms.No.285, dated 05.10.2007 would not arise and the same would not be applicable to the case of the petitioners. Furthermore, regularization of various posts in the respondent corporation will be taken up in phased manner i.e., as and when approved by the Government. It cannot be contended that the petitioners are also entitled for regularization of their services with effect from 05.10.2007 on par with the 14 VS,J W.P.Nos.43130 of 2018 & batch employees who were recruited pursuant to a notification dated 10.10.1999. As such, this Court finds no merits in these writ petitions. 10. In view of the detailed order passed in W.P.No.43130 of 2018, W.P.Nos.43067 and 42900 of 2018 are also liable to be dismissed. 11. Accordingly, all these writ petitions are dismissed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these Petitions shall stand closed. _____________________ JUSTICE V.SUJATHA 20.07.2026 Gss