G. Bhupal, Driver vs A.P.S.R.T.C Rep By Its Vc Md,
2021 Latest Caselaw 5274 AP

                 THE HON'BLE SRI JUSTICE K.SURESH REDDY

                       WRIT PETITION No.29414 of 2012


ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, by the petitioner to regularize his service

from the date of initial appointment or from the date of

completion of 240 days as extended on par with his batch mates.

2. Heard learned counsel for the petitioner as well as

learned Standing Counsel for the respondents.

3. Learned counsel for the petitioner submitted that

though he was selected and appointed in the year 1999, his service

has been regularized only with effect from 05.10.2007 i.e., nearly

9 years of his joining into service. He further submits that some of

his batch mates, who were juniors to him, have been absorbed

earlier to him.

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 V. 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

right to claim regularization from the date of initial appointment

2004 (2) SCC 433

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 petitioner has no

right to claim regularization from the date of his initial

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

have got the benefit of seniority and regularization, the petitioner

is 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.29414 of 2012

Dated:16.12.2021

RPD