D. Mhabu, vs A.P.S.R.T.0 Rep By Its Vc Md,
2021 Latest Caselaw 5273 AP

                 THE HON'BLE SRI JUSTICE K.SURESH REDDY

                       WRIT PETITION No.30251 of 2013


ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, by the petitioners to regularize their services

from the date of initial appointment or from the date of

completion of 240 days as extended on par with the 3rd respondent

herein, who is junior to him.

2. Heard learned counsel for the petitioners as well as

learned Standing Counsel for the respondents.

3. Learned counsel for the petitioners submitted that

though they were selected and appointed as drivers in the year

2008, their services have been regularized only with effect from

01.01.2011 i.e., nearly 3 years of their joining into service. He

further submits that some of his batch mates, who were juniors to

them, have been absorbed earlier to them.

4. On the other hand, learned Standing Counsel for the

respondent-Corporation has opposed for absorption with

retrospective effect and placed reliance on the Divisional

Manager, APSRTC, and other Vs. P.Lakshmoji Rao and others1.

5. In P.Lakshmoji Rao and Others (Supra), the Apex

Court, after elaborate discussion, held that daily wagers have no

2004 (2) SCC 433

right to claim regularization from the date of initial appointment

itself especially in the absence of any rule. 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 the such judgment that

have become final, then the same shall be given to those senior to

them also.

6. In view of the above said facts, the petitioners have no

right to claim regularization from the date of their initial

appointment. However, if any drivers, juniors to the petitioners

have got the benefit of seniority and regularization, the petitioners

are also entitled to get the same benefit on the same principle.

7. With the above direction and observation, the writ

petition is disposed of.

Pending miscellaneous applications, if any pending,

shall stand closed. No costs.

____________________ SRI K.SURESH REDDY,J

16th December,2021.

RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

Writ Petition No.30251 of 2013

Dated:16.12.2021

RPD