Disposed

V.R.Bhaskar v. the State of Andhra Pradesh

Andhra Pradesh HC23 Mar 2022WP/18409/2021

Case brief

AI extract

What is this about?

This judgment addresses a writ petition challenging the Andhra Pradesh State Road Transport Corporation's new digital duty chart system involving a revised seniority list. The court dismissed the petition without adjudicating the merits on substance, granting liberty to the petitioners to file objections to the provisional seniority list internally before its finalization.

What did the court decide?

Petition dismissed; liberty granted to file objections to the provisional seniority list to the competent authority before finalization.

V.R.Bhaskar Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2022)

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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No. 18409 of 2021

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JUDGMENT:

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Heard Sri C. Leela Srinivasa Varma, learned counsel, representing Sri Ch. Venkat Raman, learned counsel for the petitioners and Sri K. Arjun, learned counsel, representing Sri N. Srihari, learned standing counsel for Andhra Pradesh State Road Transport Corporation (for short ‘APSRTC’).

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The petitioners have prayed for the following relief, in the writ petition:

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“...to issue an order or direction more particularly one in the nature of

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Writ of Mandamus, declaring that the action of the 2^nd to 4^th respondents in issuing the impugned Circular No.05/2020-OPD(M) dated 30.03.2020 and proceeding No.E2/752(02)/2021-RM(T) dated 20.07.2021, which takes away the seniority of the petitioners and thereby effecting the service benefits which is illegal, arbitrary, contrary to the service laws and violation of Rights Guaranteed under Art 14, 16, 19 and 21 by the Constitution of India and against the judgments of this Hon’ble Court and the Hon’ble Apex Court and pass such order or orders...”

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The petitioners have questioned the action of the 4^th respondent

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– the Regional Manager, APSRTC, Tirupati Region, Chittoor District, Andhra Pradesh, in issuing the proceedings No.E2/752(02)/2021-RM(T), dated 20.07.2021 and Circular No.05/2020-OPD(M), dated 30.03.2020, on the subject of digitalization of duty charts for the crew in depots of the Corporation, providing for seniority lists of drivers and conductors under point No.1. According to the Circular dated 30.03.2020 the seniority will be considered in the order of preference given under clause-(a) of point No.1.

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Pursuant to the Circular, the Personnel Officer, Tirupati issued proceedings No.E2/752(02)/2021-RM(T), dated 20.07.2021, directing all

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the Depot Managers of Chittoor Region to follow the Circular instructions, while implementing the computerized duty charts for the crew in the depots.

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Learned counsel for the petitioners submits that the impugned proceedings take away the seniority of the petitioners and thereby affecting their service benefits which is illegal. He submits that originally the duty charts were allotted by depot managers, as per the service rules and the regulations, but at the time of preparing duty chart once in a year, the seniority should be taken into consideration i.e., first duty should be allotted to those employees working in parent division, next second regional seniority should be prepared and finally, out of division / out of region, employees should be allotted duties. The respondent Corporation did not prepare any seniority list from the year 2019 onwards of the employees and consequently the seniority of the employees who are working on regular basis will be affected, and the petitioners will lose certain statutory benefits. The Circular dated 30.03.2020 is said to be arbitrary, unjust and violative of principles of nature justice as also Articles 14, 16 and 21 of the Constitution of India.

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Learned counsel for the petitioner further submits that some coconductors of Tirumala depot, filed Writ Petition No. 36138 of 2013, on the plea of their seniority being over-ruled, which was disposed of with certain directions, and pursuant to those directions, the Regional Manager, APSRTC, Tirupati issued proceedings No.E2/785(1)2013 RM(T), dated 25.02.2015, whereby the plea of the petitioners belonging to Chittoor Division, to reckon their seniority in a combined way of integrated regional seniority could not be considered for the purpose of duty charts and their seniority could only be reckoned as third priority next to Tirupati division and Tirupati region seniority of conductors/drivers. Certain

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guidelines were issued vide Proceedings dated 25.02.2015, which were being followed, but now the impugned proceedings dated 20.07.2021 have been illegally issued.

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Learned counsel for the respondents’ Corporation points out that the Corporation has decided to dispense with the manual duty charts in depots and to implement the digital duty charts to provide uniform duty charts in all depots to avoid genuine complaints from the workers regarding local influence of employees in the manual duty charts for which the Circular dated 30.03.2020 laying down the guidelines was issued and the same instructions were given to the depots by the Regional Manager vide letter dated 20.07.2021.

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Learned counsel for the respondents No.2 to 6 submits that the seniority lists from the year 2019 were also published for all the drivers and conductors who were appointed upto date. He further submits that the proceedings, dated 25.02.2015 were also with respect to the preparation of duty chart and the Circular No.21/1999, dated 04.03.1999 issued on the method of maintaining divisional cadre seniority lists in different regions is not relevant to the preparation of duty chart.

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Learned standing counsel for APSRTC placed reliance on judgment dated 05.08.20219 in W.P.No. 10700 of 2019 to contend that the proposed seniority list is prepared only for the purpose of preparing a digital chart for allocation of work in all depots which has nothing to do with the original seniority list of the employees of Tirumala depot.

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Learned counsel for the respondents No.2 to 6 lastly submits that clause-(b) of para-1 of the Circular dated 30.03.2020 clearly provides that the seniority of all drivers and conductors shall be prepared in the order of seniority which shall be exhibited in the notice board and objections shall be invited there against. If objections are filed, the same

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shall be duly attended and then the seniority list shall be finalized and shall be exhibited.

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Learned standing counsel for the respondents has placed reliance on judgment dated 01.02.2022 passed in W.P.No. 2160 of 2022 to submit that in that case this Court granted liberty to the petitioners of that petition to file objections against the provisional seniority list and respondents were directed to consider the same before issuing final seniority list. The said writ petition was also filed against the same Circular dated 30.03.2021 based on apprehension that the petitioners of that petition shall be adversely affected with respect to their seniority and chances of promotion.

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Learned counsel for the petitioners at this stage submits that the Joint Action Committee of Tirumala Depot has already filed objections on 02.08.2021.

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I have considered the submissions advanced by the learned counsels for the parties and perused the material on record.

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The Circular dated 30.03.2020 and the letter of the Personnel Officer, APSRTC, Tirupati dated 20.07.2021 to all the depot managers, is issued on the subject of digitalization of duty charts and preparation of seniority list of all the drivers and conductors in the order of preference as given in the Circular and the letter for implementation of computerized duty charts for the crew in depots of the Corporation.

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Para-1 of the Circular, dated 30.03.2020, reads as under:

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“1) Finalisation of Seniority lists of drivers & Conductors:

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a) Seniority means Regional Seniority only. In case of Regions where Divisional Seniority exists, the seniority will be considered in the order given below:

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i) Parent Divisional Seniority. ii) Other Division Seniority of the Region. iii) Regional Seniority.

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iv) Crew from other Regions will be treated as Junior most among regular crew of the depot.

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b) Finalise the Seniority of all Drivers and Conductors and prepare lists in the order of Seniority. Exhibit the lists in the Notice Board and call for objections, if any, finalise the Seniority lists duly attending objections and exhibit Final Seniority lists.”

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Previously also, the co-conductors filed W.P.No. 36138 of 2013

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and pursuant to the directions given, the Regional Manager, Tirupati, vide proceedings dated 25.02.2015 referred to the Circular dated 04.03.1999 on regional integrated seniority, and decided that for duty charts the integrated seniority cannot be considered.

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It transpires that according to the petitioners, in view of the impugned Circular dated 30.03.2020 their seniority and some benefits will be affected adversely, whereas according to the learned Standing Counsel for APSRTC the preparation of seniority list is only for the purpose of digitalisation of duty chart and if with respect thereto the petitioners have any grievance against the provisional list, they can file objections in terms of the Circular itself under clause (b) of Para-1.

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In W.P.No. 10700 of 2019, the action of the APSRTC in preparing the seniority list of conductor in Tirumala depot, dated 26.07.2019 was challenged raising the same grievance, as herein, i.e., losing seniority and several benefits, it was submitted therein also that such preparation of seniority list was for the purposes of preparing a digital chart to entrust the work to all employees in various depots. This Court disposed of the same as under vide order dated 05.08.2019.

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“...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 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 the employees only for the purpose of preparing a digital chart to entrust the

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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.

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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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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 at the admission stage. No costs.”

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In W.P.No. 2160 of 2022, disposed of on 01.02.2022, the same Circular dated 30.03.2020 was questioned, this Court passed the following order:

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“4. The learned Standing Counsel, on the other hand points out that to the Provisional Seniority List, opportunity was afforded to file objections by 12.12.2021. He further submits that the petitioners instead of submitting their objections, have straight away, approached this Court and in view of the same, no relief can be granted to the petitioners. The learned Standing Counsel, however, on a query of this Court, fairly submits that the Final Seniority List has not been prepared so far.

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As pointed out by the learned Standing Counsel, the petitioners were afforded an opportunity to file their objections to the Provisional Seniority List. For whatever reasons, it appears that they have not filed

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any objections, except making some representations. Be that as it may, as it is stated that the Final Seniority List has not been prepared so far, this Court deems it appropriate that instead of going into merits of the various contentions raised, to dispose of the Writ Petition, giving liberty to the petitioners to file their objections to the Provisional Seniority List, so that their grievance would be looked into by the respondents, before Finalization of Seniority List.

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Accordingly, the Writ Petition is disposed of, giving liberty to the petitioners to file their objections to the Provisional Seniority List, within a period of one (1) week from today and in the event, the objections are filed within the time stipulated, the respondents shall duly consider the same before issuing the Final Seniority List. Till the objections of the petitioners are considered, the respondents shall not release the Final Seniority List. There shall be no order as to costs.”

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Considering the aforesaid, as also the judgments/orders passed previously, this Writ Petition is being disposed of finally, without observing on merits of the claim of the petitioner either way in the following terms;

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i) The petitioners are at liberty to file representation against the provisional seniority list, in terms of Clause (b) of Para-(1) of the Circular, dated 30.03.2020, before the competent authority raising their grievance, upon which the same shall be duly considered and decided before finalizing the seniority list for the purposes of digitalization of duty chart;

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ii) If because of such seniority list as prepared in terms of the Circular dated 30.03.2020, the petitioners are put to any loss of service benefit, to which they are otherwise entitled, they shall be at liberty to file another representation before the authority competent to look into their such grievances, which representation shall be considered and decided by passing appropriate orders thereon in accordance with law by the competent authority;

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