At admission, the Court disposed of a writ petition challenging a seniority list for APSRTC conductors. The Court held that the list was for digital work chart allocation, not promotion, dismissing claims of illegality.
None; the Writ Petition is disposed of at the admission stage with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CMR, J. W.P.No.10700 of 2019
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.10700 of 2019
ORDER :
Heard learned counsel for the petitioners; learned Government Pleader for Transport for respondent No.1 and Sri A. Rama Rao, learned Standing Counsel for APSRTC, appearing for respondent Nos.2 to 4.
This Writ Petition is being disposed of at the admission stage after recording the submission made by Sri A.Rama Rao, learned Standing Counsel for APSRTC, for respondent Nos.2 to 4, on instructions.
This Writ Petition under Article 226 of the Constitution of India is filed by the petitioners seeking a writ of mandamus to declare the action of the respondents in preparing the seniority list of conductors in Tirumala depot, dated 26.07.2019, as illegal, arbitrary and in violation of A.P.S.R.T.C. Service Rules and Regulations and consequently, set aside the same.
The facts of the case lie in a narrow compass and may be stated as follows:
The petitioners are working as conductors in Tirumala depot for the last several years without any remarks. The service registers of the petitioners are being maintained by the respondents regularly. Whileso, the 4th respondent prepared a seniority list of conductors of Tirumala depot and the same is published on 26.07.2019 and it was affixed on the notice board at Tirumala depot.
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CMR, J. W.P.No.10700 of 2019
As per the proceedings affixed in the notice board, all conductors and drivers have to receive option forms on or before 28.07.2019 before 10.00 P.M. and thereafter submit the option forms on or before 30.07.2019 before 5.00 P.M. If any conductor fails to submit option form that he would be ignored in the said seniority list prepared for allotment of duties.
It is stated that while preparing the said seniority list, the respondents have ignored the Rules and Regulations and they have given priority to the conductors, who worked in other depots like Tirupati and Chittoor etc. Consequently, the seniority of the petitioners, who are working in Tirumala depot, is being affected as they would be placed at the bottom of the seniority list.
Therefore, they have filed this Writ Petition seeking the aforesaid relief.
Learned counsel for the petitioners contends that as the petitioners are working in Tirumala depot, their seniority has to be prepared only after taking into consideration the conductors working in the Tirumala depot and the conductors working in other depots like Tirupati and Chittoor cannot be taken into consideration at the time of preparing the seniority list as the same would affect their promotion chances in future.
Countering the said argument, Sri A.Rama Rao, learned Standing Counsel appearing for respondent Nos.2 to 4, on instructions, would submit that the proposed seniority list has nothing to do with the promotions to be given to the employees
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CMR, J. W.P.No.10700 of 2019
of the Tirumala depot and a plain reading of the impugned notice affixed in the notice board makes it clear that the said seniority list is prepared after taking option forms from the employees only for the purpose of preparing a digital chart to entrust the work to all the employees in various depots. So, he would contend that this would in no way affect the original seniority of the petitioners herein in Tirumala depot and this seniority list has nothing to do with effecting the promotions or other service benefits to which they are legally entitled.
If that be the case, the proposed seniority list being prepared after taking the options from the employees, only for the purpose of preparing a digital chart for allocation of work in all depots, would certainly have nothing to do with the original seniority list of the employees of Tirumala depot or with the promotion chances and other service benefits of the petitioners. As rightly submitted by the learned Standing Counsel for respondent Nos.2 to 4, it is clear from the notification affixed on the notice board which is available in the material papers that the options were called for from the employees only for the purpose of preparing a digital chart. Therefore, in the said facts and circumstances of the case, the apprehension of the petitioners herein that the proposed seniority list in which the employees of other depots are sought to be included would affect their promotion chances is absolutely an imaginary apprehension and it has no basis.
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CMR, J. W.P.No.10700 of 2019
Therefore, recording the submission made by the learned Standing Counsel for respondent Nos.2 to 4, on instructions, that this proposed seniority list has nothing to do with the promotion chances of the employees or the original seniority list of the conductors of Tirumala depot, this Writ Petition is disposed of at the admission stage. No costs.
The miscellaneous petitions pending, if any, shall stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:05.08.2019. cs
2 issues framed by the court
Whether the preparation of a digital chart for work allocation by including employees from other depots affects the original seniority and promotion chances of conductors in the Tirumala depot.
Whether the impugned seniority list prepared for duty allotment is illegal under the A.P.S.R.T.C. Service Rules by considering employees from other depots.
Petitioners
Respondent No.1
APSRTC
Respondents Nos.2 to 4
CHEEKATI MANAVENDRANATH ROY
As recorded by the court registry
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