A.P.S.R.T.C., Rep. By Its ... vs Sk. Imam,
2021 Latest Caselaw 4634 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI


                  WRIT APPEAL No.1752 of 2008

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of order dated

19.03.2008 passed in W.P.No.9133 of 1999 by the learned

Single Judge.

      The disputed facts of the case reveal that a writ petition

was preferred by the writ petitioners/respondents in the

present writ appeal being aggrieved by reduction in pay and

for issuance of a Mandamus directing the respondents to

refund the deducted amount.

The undisputed facts of the case reveal that the writ

petitioners were appointed as Driver Grade-II and were

promoted from the post of Driver Grade-II to Driver Grade-I in

the year 1992. At their request, they were transferred from

Khammam to Nalgonda in the year 1993 and that without

assigning any reasons or issuing any notice, the

appellants/Corporation reverted the writ petitioners from

Driver Grade-I to Driver Grade-II and accordingly, their pay

was also reduced and in those circumstances, a writ petition

was preferred i.e., W.P.No.9133 of 1999. Reliance has been

placed by the writ petitioners on the order dated 29.12.1998

passed in a similar writ petition i.e., W.P.No.33313 of 1998.

In the said writ petition, the learned Single Judge, after

taking into account the fact that the transfer order does not

mention about the reversion of the petitioner, except loss of

seniority, allowed the writ petition directing the employer

therein to pay salary of the post of Driver Grade-I and also to

refund the amount deducted from petitioner's salary towards

the alleged excess payment made to him treating him as

Driver Grade-II and the said order was implemented by the

Corporation.

In the present case also the transfer order dated

22.03.1993 reveals that the writ petitioners/respondents

herein were transferred on their own request and it was

categorically mentioned in the said order that the seniority

will be forfeited. Meaning thereby, the writ

petitioners/respondents herein will be treated as Drivers

Grade-I only. It does not mean that they would have been

reverted from Driver Grade-I to Driver Grade-II. The order

nowhere mentions about their reversion from Driver Grade-I

to Driver Grade-II and therefore, the learned Single Judge was

justified in allowing the writ petition. This court does not find

any reason to interfere with the order passed by the learned

Single Judge.

The writ appeal is accordingly dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 28.12.2021 ES