Telangana High Court
B. Kurmaiah, Mahaboobnagar Dist., ... vs The Regional Manager, Apsrtc., ... on 15 April, 2024
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.22910 of 2010
ORDER:
Petitioners are aggrieved of not considering their service from the date of their initial appointment in July, 1982 in Mahabubnagar region and in not granting the 12 years stagnation increment.
2. Heard both sides and perused the record.
3. Petitioners were initially appointed as Conductors in Mahabubnagar region, however, as there were no vacancies in Mahabubnagar region, they were posted at Medak region and subsequently they were transferred to Hyderabad region. Thereafter, at their request, they were transferred to Mahabubnagar region and worked there till their retirement. Their grievance is that the respondents have not granted 12 years stagnation increment and they were also denied promotion on the ground that they were transferred from another division by foregoing the seniority.
4. Learned counsel for petitioners has submitted that since the petitioners are now retired from service on attaining the age of superannuation, they are not claiming seniority and are only seeking for grant of 12 years stagnation increment as they have completed 12 years of service in the same category. It is contended that as per the circulars of the respondents-Corporation, the employees who have completed 12 years of JS, J 2 W.P.No.22910 of 2010 service in a particular category are entitled for special grade increment but the same was not granted to them.
5. The respondents on the other hand, denied the claim of petitioners for grant of 12 years stagnation increment on the ground that they were transferred from Hyderabad division to Mahabubnagar division on their own request and on the condition of foregoing seniority. Accordingly, they prayed for dismissal of the writ petition.
6. The service of petitioners in the respondents-Corporation is admitted. Counsel for petitioners relied on the judgment of erstwhile High Court of Andhra Pradesh in W.P.No.5726 of 2000, wherein, it is held that all the employees working in the respondents-Corporation are entitled for the stagnation increment/grade, provided they have completed 12 years of service in the same category which may not be necessarily in the same division and what is required to be taken is the total length of service of the employees in that particular category. Questioning the same, the respondent-Corporation filed Writ Appeal No.1301 of 2000 and the same was dismissed. The aforesaid judgment is squarely applicable to the present case of the petitioners. Since the petitioners have rendered more than 12 years of service in the same category, they are entitled to 12 years stagnation increment.
JS, J 3 W.P.No.22910 of 2010
7. For the aforesaid reasons, this writ petition is partly allowed directing respondent Nos.1 and 3 to grant all the stagnation increments to the petitioners as per their entitlement in terms of the circulars issued by the Corporation, by taking into consideration their total service in the same category, without reference to the fact that they were transferred from one region to another region. Since the petitioners are retired from service, the respondents shall pay difference of amounts payable to them. No costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUVVADI SRIDEVI, J Date: 15.04.2024 lk