A.S. Chandrudu, C939762, Cont. ... vs The A.P.S.R.T.C., Rep By Its ...
2021 Latest Caselaw 5263 AP

          THE HON'BLE SRI JUSTICE K. SURESH REDDY

                       WRIT PETITION NO.27313 of 2012


ORDER:

The petitioners filed the present writ petition seeking to

issue a Writ of Mandamus declaring the action of the 2nd

respondent in not regularizing the services of the petitioners

and regularizing their juniors and disengaging the petitioners

as illegal and arbitrary to the APSRTC regulations and

consequently, direct the respondents to regularize the

petitioners and to extend all the benefits on par with

colleagues.

The learned counsel for the petitioners is seeking a

direction to regularize their services from the date of their

initial appointment or from the date of completion of 240 days

as extended to other similarly situated persons.

The learned Standing Counsel for the respondent-

Corporation has opposed for absorption with retrospective

effect and place a reliance on The Divisional Manager,

APSRTC and others Vs. P. Lakshmoji Rao and Others.1

In P.Lakshmoji Rao and others (supra), the Apex

Court, after elaborate discussion, held that daily wagers have

no right to claim regularization from the date of initial

appointment itself especially in the absence of any rule.

2004 (2) SCC 433 However, if the establishment allowed some such directions to

operate and become final and any of such daily wager, junior

to others in the relevant seniority list of the Division/Region

have got the benefit of seniority and regularization by virtue of

such judgment that have become final, then the same shall

be given to those senior to them also.

In view of the above legal and factual aspects, the

petitioners have no right to claim regularization from the date

of their initial appointments. However, if any conductors and

drivers who are juniors to the petitioners have got the benefit

of seniority and regularization, the latter are also entitled to

get the same benefit on the same principle.

With the above direction and observation, the writ

petition is disposed of. No costs.

As a sequel, the miscellaneous applications, if any

pending, shall stand closed.

___________________________

K. SURESH REDDY, J 15.12.2021 BSP

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION.No.27313 of 2012 Dated:15.12.2021

BSP