Partly allowed

D.v.v.Prasad, v. The Andhra Pradesh State Road Transport Corporation

Telangana HC16 Dec 2011WP/32540/2011

Case brief

AI extract

What is this about?

Petitioner challenged non-grant of 20-year advance increment despite total service. Bench relied on prior precedent holding total corporate service counts over regional tenure, directing respondent to consider representation within four weeks.

What did the court decide?

Respondent directed to consider petitioner's representation for granting notional/stagnation increment considering total corporate service within four weeks.

D.v.v.Prasad, Vs The Andhra Pradesh State… — Pension and Retirement Benefits | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE G.CHANDRAIAH

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W.P.NO.32540 OF 2011

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O R D E R

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Heard the counsel for the petitioner and the Standing Counsel for the respondent – Andhra Pradesh State Road Transport Corporation.

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2. The petitioner was appointed as Conductor in Nellore region on 1.5.1991 and on his request, he was transferred to Guntur region in the year 1995 and posted in the 2^nd respondent – Depot. As per the circulars of the Corporation, class II, III and IV employees, who completes 12 years and 20 years are entitled for advance increments. On completion of 12 years, the petitioner was granted 12 years increment by proceedings dated 5.4.2005. Now the grievance of the petitioner is that though he completed 20 years by 30.04.2011, he was not granted 2^nd advance increment. Therefore, he made a representation to the 1^st respondent – Regional Manager, Guntur on 7.11.2011 and as there was no response, filed the present writ petition.

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3. No counter affidavit is filed.

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4. In similar circumstances, where the Corporation did not grant 12 years stagnation increment, on the ground that the petitioner therein did not complete 12 years of service in a particular region, a learned single Judge of this court in W.P.No.7395 of 2005 dated 5.4.2005, following the judgment of a Division Bench in W.A.No.1301 dated 29.10.2002, held that the total service rendered by the petitioner in the respondent – Corporation counts, but not in a division or region and accordingly directed the respondents to consider the case of the petitioner therein for granting stagnation/special grade increments, considering the total service rendered by him in the Corporation.

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5. In view of the facts and circumstances and following the judgment in W.P.No.7395 of 2005 dated 5.4.2005, the writ petition is disposed of with a direction to the respondent no.1 to consider the representation of the petitioner dated 7.11.2011 for granting notional or stagnation/Special Grade increment on completion of twenty years of service by 30.4.2011, by considering the total service rendered by him in the Corporation, and pass appropriate orders in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order. No

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order as to costs.

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AVS --------------------------16—12—2011 Note: Issue C.C. in three days. B/O

D.v.v.Prasad, v. The Andhra Pradesh State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

D.v.v.Prasad, v. The Andhra Pradesh State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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