Petitioners sought selection grade scales from their initial appointment date. The court held the corporation was justified in appointing them as light motor vehicle drivers due to lack of heavy vehicle experience and dismissed the petition for promotion claims.
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THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO
W.P.No.6157 of 1998 Date: 21-03-2007
Between: G.Chinna and another
Petitioners
And
The Regional Manager, A.P.S.R.T.C., D.B.S. Complex, Visakhapatnam and two others
Respondents
THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO
W.P.No.6157 of 1998
ORDER:
1. The two writ petitioners have instituted this case seeking directions to grant them selection grade scales of pay amongst heavy vehicle drivers from the date of their initial appointment, i.e. 10-01-1976.
2. Since the writ petitioners have not disclosed all the relevant facts, I had ascertained the facts as set out in the counter affidavit filed on behalf of the respondent corporation. Pursuant to the nationalization of the private bus routes in Visakhapatnam district in the year 1975, the two writ petitioners were treated by the respondent corporation as oustees and consequently they came to be appointed on temporary basis in terms of Regulation 17 of the APSRTC Employees (Recruitment) Regulations on 10-01-1976 as Heavy Motor Vehicle Drivers Grade-II. Unfortunately after the first petitioner had caused a motor accident involving a vehicle belonging to the respondent corporation and a private truck, a serious study of the credentials of the first writ petitioner was undertaken by the respondent corporation, where at they realized that the petitioners have not acquired 3 years of experience of driving heavy motor vehicle after they were granted necessary licence by the Licencing Authority under the Motor Vehicles Act. Consequently, the respondent corporation realized that the writ petitioners did not have the eligibility to be appointed as Heavy Motor Vehicle Drivers Grade-II, but however, taking a compassionate view of the entire matter, the two writ petitioners came to be recruited as light motor vehicle drivers on 24-08-1978 as
Drivers Grade-II. Subsequently, against the scheme of sanctioning Selection Grade Scales up to 10% of the existing drivers Grade-II, the writ petitioners have also been granted the Selection Grade/ Driver Grade–1 Scale with effect from 0104-1986. Therefore, it is clear that the writ petitioners had received a fair and reasonable treatment at the hands of the respondent corporation. If the writ petitioners did not possess three years of experience of driving heavy motor vehicle after obtaining the licence for driving such vehicle, they could have been rejected straightaway to be appointed as heavy motor vehicle Driver. The policy of the respondent corporation to insist upon an experience of 3 years of driving of heavy motor vehicle after obtaining the licence for appointment as a Driver cannot be faulted, for, the public safety as well as safety to the property is undoubtedly a paramount consideration for the respondent-corporation. For these reasons, the writ petitioners cannot compare their claims along with such other qualified candidates who got recruited as Heavy Vehicle Driver Grade-II and got recruited as such in June,1975. I do not find any illegality on the part of the respondent corporation in not granting selection grade or promotion as Driver Grade-1 to the writ petitioners with effect from the date of their initial engagement in the respondent corporation. At any rate, no employee has got a right to seek promotion or fitment against selection grade post right from the very initial day of his appointment/engagement in the service of the respondent-corporation.
3. Therefore, writ petition is dismissed, but however, without costs.
___________________________ NOOTY RAMAMOHANA RAO,J 21-03-2007 Stp
2 issues framed by the court
Whether the appellants are entitled to selection grade scales of pay from the date of their initial appointment given their lack of requisite driving experience.
Whether employees have a right to seek promotion or fitment against a selection grade post from the very initial day of appointment.
1 provisions across 1 enactments
G.Chinna
another
The Regional Manager, A.P.S.R.T.C.
Nooty Ramamohana Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
