THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1381 of 2014 Date: 23.01.2014 Between :
B. Chennaiah .… Petitioner and A.P. State Road Transport Corporation, rep. by its Managing Director, Musheerabad, Hyderabad and others.
…. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1381 of 2014 ORDER :
Heard Sri S.M. Subhan, learned counsel appearing for the petitioner and Sri K. Satyanarayana Murthy, learned Standing Counsel appearing for the respondent-A.P. State Road Transport Corporation.
2. The petitioner was appointed as a Mechanic on 12.11.1979 in Kurnool Region. Subsequently, he was transferred to Markapur Depot of Prakasam Region. Presently, he is working at Tiruvuru Depot of Krishna Region. He is said to have completed more than 20 years of service in the respondent-Corporation and hence he is entitled for stagnation increments as per the Circular No.PD-04/2011, dated 12.01.2011.
3. However, the respondents are not inclined to pay the said benefit on the ground that the petitioner does not have 20 years service in any one particular Region and the service rendered in different Regions cannot be counted for the said purpose.
4. This very question fell for consideration before the Division Bench in Writ Appeal No.1301 of 2000 wherein it was held that simply because an employee goes to a new division by agreeing to forego past service rendered in the parent division in the matter of fixation of seniority in the concerned category in the transferee division, the benefit of stagnation increment cannot be denied to him.
5. Both the learned counsel concede that the instant case is squarely covered by the said judgment.
6. In view of the same, this writ petition is allowed. Consequently, there shall be a direction to the second respondent to release the stagnation increment to the petitioner as per his entitlement vide Circular No.PD-04/2011, dated 12.01.2011 within a period of four weeks from the date of receipt of a copy of this order. No order as to costs.
7. In view of the disposal of the writ petition, W.P.M.P.No.1644 of 2014 is dismissed as unnecessary.
JUSTICE NOUSHAD ALI 23.01.2014.
Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1381 of 2014 23.01.2014 (Msr)