Allowed

Mohd.Ishaq v. Andhra Pradesh State Road Transport Corporation

Telangana HC21 Oct 2024WP/3388/2013

Case brief

AI extract

What is this about?

Writ petition challenging delay in fixing special grade pay reckoning service from date of appointment (1991) rather than regularization (1998). Court directed respondents to fix pay from August 2004 based on circular instructions.

What did the court decide?

Directions issued to respondents to fix pay of special grade from 01.08.2004 and consider appropriate orders within three months.

Mohd.Ishaq Vs Andhra Pradesh State Road… — Pension and Retirement Benefits | Telangana HC (2024)

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[³³⁸⁴¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY,THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SHRI JUSTICE ANIL KUMAR JUKANTI

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WRIT PETITION NO: 3388 OF 20'13

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Between:

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Mohd.lshaq, S/o.Md.lsmail, E.'114228, Dy.Supdt(T) H.No.9-4-'136/156/A,Tol Chowki, Hyderabad-500008

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AND

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Andhra Pradesh State Road Transport Corporation, rep.by its Managing Director, Mushirabad, Hyderabad

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The Regional Manager, APSRTC Hyderabad Region, MGBS,Hyderabad

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The Personnel Officer-ll, APSRTC GHZ HBS,Picket,Secunderabad

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The Depot Manager, APSRTC Rajendranagar Depot, Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction moie particularly one in the nature of writ of mandamus declaring that the office order No.E2l718(1)12011GHZ dated 30.1 .20'12 of the 3rd respondent granting 12 years special grade to the petitioner from 1 .8.2008 instead of from 1 .8.2004 in the post of Traffic lnspector Gr.lll is arbitrary, unjust contrary to Memorandum of Settlement U/sec.12(3) of l.D.Act 1947 contrary to law, discriminatory and in violation of Article 14 and Article 21 of the Constitution of lndia and consequently direct the respondent to sanction the^'12 years special grade to the petitioner in the post of Traffic lnspector Gr.lll with effect from 1.8.2004 as the petitioner has completed 12 years of service as on 22.11 .2003 with all consequential benefits and^pay fixation to the petitioner

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l.A. NO: 1 OF 2013(WPMP. NO: 4200 OF 2013)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim direction to the respondents to fix the pay of the petitioner in the post of Traffic lnspector Gr.lll in 12 years special grade with effect from 1.8.2008 as per office order No.E2l718(1)1201 1-GHZ dated 30.1.2012 of the 4th respondent pending disposal of the writ petition

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Counsel for the Petitioner: SRI. A. G. SATYANARAYANA RAO Counsel for the Respondents: SRI R. ANURAG (SC FOR TSRTC) The Cou( made the following: ORDER

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THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

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II/RIT PETITION No.3388 OF 2013

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ORDER:

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This writ petition is fi1ed seeking the following relief:

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"to issue an appropriate utrit or order or direction more particularly one in the nature of Wit of Mandamus declaing that the Olfice Order No. E2/ 7 1 8( 1 )/ 20 1 1 -GHZ dated 30. 0 1.2 O 1 2 of the 3d respondent granting 12 years special grade to the petitioner from O1.08.2008 instead of from 01.08.2004 in tLrc post of Traffic Inspector Gr.lII, is arbitrary, unjus[ contrary to Memorandum of Settlement U/Sec 12(3) of I.D.Act, 1947, contrary to lana, discriminatory and in uiolation of Article 14 and Article 21 of the Constitution of India and consequently direct the Respondents to sanction the 12 gears special grade to the petitioner in the post of Traffic Inspector GT.III utith effect from 01.08.2004 as the petitioner has completed 72 gears of seruice as on 22.77.2003, uith all consequential beneftts and pag ftxation to the petitioner and pass such other order or orders a.s this Hon'ble Court maA deems fit and proper in the circumstances of tte case".

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Heard Mr. A.G. Satyanarayana Rao, learned counsel for the petitioner, and Mr. R. Anurag, learned Standing Counsel for respondents.

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Brief facts:-

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Petitioner was appointed as Traffic Grade - III in^Andhra Pradesh State Road Transport Corporation^{(APSRTC) on} 23.11.1991 by process of selection. Petitioner^{was the Captain of}

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2 JAK,J W.P.No.3388 of20l3

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APSRTC team, which won Gold Medal in Foot Ball in All India Tournament of Association of Road Transport Undertakings in the year 1992. Petitioner was confirmed in the post of Traffic Inspector Grade - III on 31.08. 1998 and posted at Mehdipatnam depot. Petitioner worked in the post of Traflic Inspector Grade - III from November, 199 1 til1 May, 2008 and was promoted as Traffrc Inspector Grade - II in May, 2008.

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A Circular No.PD-65/ 1989, dated 03.06. 1989 was issued for fixation of pay of employees when placed on special grade on completion of 12 years of sewice by the Office of Managing Director, APSRTC. Certain administrative instructions were issued in the circular. Petitioner ciaims to have completed 12 years of service in the category of Traffic Inspector Grade - III and is entitled to be placed in the special grade with effect from 22.11.2003. Further claims that he is entitled for special grade with effect from 01.08.2OO4 as per circular instructions. It is the case of the petitioner that he made representations to concerned authorities for fixation of pay of special grade on completion of 12 years. It is further the case of petitioner that services rendered from 23. 11.1991 to 31.08.1998 in the post of Trallic Inspector Grade - III are not being considered for ltre L2 years period of service necessary for hxation of special grade. That non-fixation of

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JAK,J W.P.No.3388 of 2013

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special grade on completion of 12 years from 1991 would have arr impact in future hxation of pay. Hence, writ petition.

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Learned counsel for petitioner submits that petitioner was appointed on 23. 11.1991 and his services were regularized ofi 31.08.1998 as Traffic Inspector Grade - III. That respondents fixed the pay of petitioner of special grade on completion of 12 years from date of regularization i.e., 31.08.1998 and not from date of initial appointment i.e., 23.11.1991 on the instructions issued in circular No.PD-65/1989 dated 03.06.1989. It is further submitted that as per Instruction No.2 of circular, total service including the service put in under Regulation 17 or Regulation 3O sha1l be counted for computing twelve (12) years in the same post. It is also submitted that though instructions issued are clear, respondents have not fixed the pay of petitioner of special grade on completion of 12 years of service.

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In support of the contentions, counsel for petitioner relied upon circular No.PD - 04/2011, dated 12.Ol.2oll, issued by the Office of Managing Director, APSRTC. It is further contended that administrative instruction No.2 issued in circular, dated 12.Ol.2oll, reiterates the same words as that of circular, dated 03.O6.i989. It is also submitted that in view of the mandate in both the circulars, petitioner is entitled for benefit of fixation of

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4 JAK,J W-P.No.3388 of 2013

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pay of special grade on completion 12 years from 23.11.1991. It is pointed out that if the period of 12 years for the fi-xation of pay is reckoned from 1991, petitioner is entitled for 12 years of special grade with effect from O 1.08.2004, but not from 20 10. It is submitted that in the counter affidavit fiied, pleadings in the writ petition have not been answered. It is urged that if petitioner,s case for fixation of pay of special grade on completion of 12 years is considered from 23. 1 1. 199 1, petitioner would be entitled for fixation of pay of special grade from 01.O8.2OO4. Hence, sought for grant of such relief.

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Learned counsel for respondents has not denied the fact that petitioner was appointed on 23.11.1991 by process of selection. That his services were regularized on 31.08.1998 in the post of Traffic Inspector Grade - III. It is further submitted that for fixation of pay of special grade, the completion of 12 years is to be reckoned from the date of regularization and not from the date of appointment. It is submitted that petitioner was sanctioned special grade from O 1.08. 2OO8 vide O/ o. No.E2 I Z I g(Il / 20 1 I -cHZ, dated 3O.O1.2012, as per circular instructions on the subject. It is further submitted that petitioner, having been sanctioned the special grade from O1.08.2OO8, cannot have any further grievance. That the contention of petitioner to consider his case from 1991 in

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JAK,J W.P.No.3388 of 2013

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terms of the circular cannot be considered, as his services were regularized in the year 1998. It is contended that if fixation of pay of special grade on completion of 12 years is considered from the month of November, 1991, that would include the services rendered as a temporary employee up to August, 19ga, which is impermissible. It is urged that it is not a case of stagnation to be considered from 1991 and that respondents rightly considered from the date of regulanzaiton i.e., 1998.

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Heard learned counsels, perused the record and considered the rival submissions.

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Petitioner was appointed as Tra-ffic Inspector Grade - III on 23.l1.lggl by a process of selection. Petitioner's services were regularized in the post of Traffic Inspector Grade - III on 31.08.1998 and was posted at Mehdipatnam depot. Till 1998, he was temporarily employed (not casual basis) in the respondent organization. Petitioner, while working from 1991, was drawing pay scale on par with that of a reguiar employee under Regulation -^{17 from November} - i991 till August - 1998 (as per averment in writ affidavit and not rebutted). Petitioner seeks fixation of pay of special grade on completion of 12 years reckoning his services from November, 7991and not from August, 1998.

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JAK,J W.I'.No.3388 of 2013

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1O. Circular instructions issued by the office of the Managing Director, APSRTC, in circular No.PD-65/ 1989, dated 03.06. 1989, to regulate placement of Special Grades and fixation of pay are as

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follows:

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" 1. The Employee in the categories of posts specrhed in Annexure - VI to the circular under reference 2"d cited who have put in more than twelve (12) years of service in the same category of post shall be placed on to the corresponding scale as indicated in Appendix - A to this circular.

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All sentice including the sertice put in under Regulation 77 or Regulatlon 30 (but n.ot on ca.s7.tal basls) shall be counted for comprting turcbe (72) gedrs o:f serltice in the sanc post.

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These grades will come into effect from 1 May 1989, for such of these Employee who have completed Twelve (12) years or more years of service in the category as such as on 30 April of tl.at year, Employees who have crossed twelve (12) years of service in t}le category as such will be placed on the Special Grades on 1 May of that year.

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While hxing the pay in Special Grade, one additional notional increment in the lower (existing) grade be given ald tJlen fixed at appropriate stage in the Special Grade i.e-, in the same stage if stage exists or in the stage next above if there is no such stage.

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5- The employees who are placed on special Grade shall earn their next increment after t1-ey put in one year of service in the special grade without reference to their normal date of increment. If the arrnual increment of al Employee fa-lls due on l"t May of tJle year, he shali be allowed normal increment and one notional increment in the existing sca-le and than fixed at appropriate stage in the Special Grade as contemplated in para-4 above. However', their dulies and responsibilities sha-11 remain unchanged even aJter their placement on Special Grades. 6. The authorities competent to place the Employees on Special Grade on completion of twelve (12) years of service have treen specifred in the Appendix - A to the Circular.

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The Employees who are placed on Special Grades are entitled for promotion to higher post in the normal course based on APSRTC Employees (Recruitment) Regulations, 1966.

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JAK,J w.P.No.3388 of 2013

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If an Employee who is eligible for Special Grade is on Extraordinar;r kave or under suspension as on 30 APRIL of that year, he will be entitied to the Special Grade from the date of his/her resumption of duty. 9. Out of twelve (12) years of service in the present post as envisaged, if any Employee is reverted to his/her former post for a specified period (say 6 months or one year) and ttrere after restored to his/her post ttren existing, it carnot be construed as having rendered twelve (12) years of service. The Service put in on reversion sha-11 have to be deducted to arrive at 12 yea-rs of service or more in such cases.

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In case of Employees undergoing punishment of deferment of increment of reduction in pay on 30 APRIL of that particular year, their pay will be fixed in the Special Grade based on the pay that be would have drawn had there been no punishment. The moneta-ry benefit accruing there of sha,11 be allowed from the next date on completion of the punishment.

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Every year the Authority specified in Appendix - A shall prepare a iist of Employees who have completed twelve (12) years of service as on 3O APRIL and shall issue orders placing the eligible Employees on Special Grades w.e.f. 1 May of that year. No review wiil be done in the middle of the year. The cases of Employees who are proposed to be placed on Special Grade need not be proceed thorough Selection Committee. 72. A1l these cases are to be pre-audited before pay fixation arrears are paid. The above instructions shall be followed scrupulously."

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Counsel for petitioner contended that as per instruction No.2 of the circular, service put in under Regulation - L7 or Regulation - 3O (but not on casual basis) entitles the^petitioner's service to be computed from November, 1991 for computing of¹² years of service in the same post for extending benefit of flxation of pay of special grade on completion of 12^years.

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8 JAK,J W.P.No.3388 of20l3

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Further, reliance is placed on instruction No.2 in circular No.PD-O4l2011, dated 12.01.2011, issued by the office of Managing Director, APSRTC, which is as follows:

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"2. Service inciuding the service put in under Regulation 17 or Regulation 3O of APSRTC Employees' (Recruitment) Regulations, 1966, (but not on casual basis) shall be counted for computing twenty (2O) years of service in the same post."

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On a perusal of circulars of 1989 and 2011, it is observed that instruction No.2 of both circulars speak in same language to regulate placement of special grades and hxation of pay on completion of 12 years (circular of 1989) arrd to regulate placement on higher scale who were given stagnation grade on compietion of 20 years (circular of 2O11) in similar terms. On a keen perusal of instruction No.2 of both circulars, it can be inferred that services rendered by employees on casual basis are not considered for computing 12 years and 20 years respectively.

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Clause-12 of Circular No.PD-O1/2002, dated 18.01.2OO2

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(P6), is as follows:

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"SPBCIAL GRADES TO RELIEVE STAGNATION:

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12.1 In order to relieve stagnation the existing scheme of Special Grades available for employees working in certain categories and who have put in more thart 72 years of service in the same cadre will continue. The normal and corresponding Special Grade Revised Scales of Pay 2001 are enumerated at Annexure-Ill

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JAK,J W.P.No.3388 of 2013

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72.2 With a wiew to relieve stagnation, it is agree to extend the benefit of Special Grades to the employees in the following categories. who have put in more than 72 years of service as such in the same category and place them on to the corresponding scale as shown against each in Annexure-V-

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Annexure-V is as follows:

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sl. No.	ExistingCategory	Pay Scales Normal	Special Gradeafter completionof12 years
I	DepotClerk/TrafficInspector G.III/ TravellingTicket lnspector/DrivingInstructor/ LeadingHand/RefractionistGr.I/ SecurityAsst.Sub-lnspector/ Asst.SectionOfficer	4150- 1354690- 145-7445-t60- 8565-170-97ss	4375- 135-518s-150- 7435- 165-8425-1aO- 10225

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Vide offrce order, dated 3O.O1.2O|2 (pl1, under challenge in this writ petition), four employees of the respondent Corporation were issued special grade of various categories of GHZ. petitioner was given special grade from O1.OB.2OOB. The subject of office order, dated 30.O l.2Ol2, is as follows:

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"Sub: SPECIAL GRADE: Placement of Attender/Driver/RCSG/TI-IIIs in Special Grade on completion of 12 years of service in the category of GHZ for the year 2009 & 2O1O _ Sanction communicated - Reg."

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First paragraph of the order is as follows:

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"In terms of the circular gth cited (Cir.No.41 /94, dated 30.03.1996 as per the reference in the order), the competent authority has accorded sanction to place the following employees of GHZ in Special Grade on completion of 12 years of service in various categories witJ: usual allowances from the dates shown against each in the scales mentioned belov/'

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JAK,J W.P.No.3388 of 2013

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The last three paragraphs of the order are as follows:

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"The unit offrcers shall verily and ensure that they fulfill the terms and conditions stipulated in the circular and instructions issued there on and fix the pay of the above employees in the special grade after pre-audit.

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They shall exercise option with regard to fixation of pay either from the date of placing on special grade (or) from the date of their next annual increment within 30 days in terms of Cir No.PD-37/9O, dated 09.03.9O.

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In terms of circular 2.d cited, in case of Employees undergoing punishment of deferment of increment or reduction in pay on 31 July of tJlat particular year, their pay will be fixed in the speciai grade based on the pay that would have been drawn had t-here been no punishment. The monetary benefit accrtring thereof sha.1l be allowed from the next date on completion of the punishment."

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The contents of the Counter affidavit filed by Law Oflicer,

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APSRTC, are as follows:

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I read the contents of the writ petition affrdavit and sutrmit that tJle material Allegations made therein which are not specifically referred to and admitted herein ru'e not true and correct and the petitioner is put to strict proof of all such allegations.

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It is submitted that the petitioner was appointed as Tra{fic Inspector Grade-III against Ex-cadre post in Sportsmen Quota on 23.71,.7997. The petitioner was initially posted to ARISCO at Head Offrce. The petilioner was regularized w.e.f.3 L08. 1998 and posted to Mehdipatnam Depot. The petitioner worked in the post of Traffic Inspector Gr-III continuously from the year 1991 to May 2OO8 at Mehdipatnam Depot.

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It is submitted t}lat the petitioner was promoted as temporarily in the post of Tralfic lnspector Gr-lI and posted to Rajendranagar Depot. The petitioner reported at Rajendhranagar Depot. The Special Grade is awarded as per the circular instructions.

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JAK,J W.P.No.3388 of 2013

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It is submitted that the personnel Officer-Il/Greater Hyderabad Zone }:as sanctioned Special Grade to the petitioner from 01.O8.20O8 vide O / o.No.E2 / T ta(O1)/ I 1- GHZ, dt.30.01 .2012 as per the Circular instructions issued on the subject.

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It is therefore prayed that this Hon,ble Court may be pleased to dismiss the Writ petition No.338g of 2013 and pass such other order or orders as this Hon,ble Court rnay deem frt arrd proper in the interest ofjustice.,,

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On a perusal of the counter affidavit, it is observed that photocopies of Regulation No. 17 or Regulation No.30 referred at instruction No.2 of circulars of 1989 and 2O11 are not on the file of this Court. On a perusal of the office order, dated 30.O1.2012, it is noticed that the competent authority accorded sanction to place four employees of GHZ in special grade on completion of 12 years of service in terms of circular No.pD-41/94, dated 3O.O3. 1996 (reference No.9 of the office order). A copy of this circular (i.e., Circular No.PD-41/94, dated 3O.O3. 1998) is not placed on record. No details are adverted to in the counter affrdavit liled. This Court is constrained to observe that no proper inputs either by way of documents (annexed as photocopies) or a detailed counter affidavit is forthcoming. This demonstrates the casual and callous manner in which the counter affidavit is placed on record, without adverting to what is necessar5r. z- -l

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t2 JAK,J w.P.No.3388 of20l3

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Be that as it may, as^per instruction^No.2 of^{circulars of} 1989 and 2011, except for the employees on casual^{basis, the} service put in under Regulation No. 17 and^{RegulationNo.3O are} reckoned. Petitioner services have to be reckoned from^November, 1991, instead of August, 1998 and^{petitioner wouldbe entitledfor} the benefrt of hxation of pay of special^grade on completion of¹² years from 01.08.2004 and not as reckoned from 20O8, vide its proceedings dated 30.01.2O12 as per circular instructions. It is pertinent to note that if the statements adverted to in paragraph No.S of the counter affidavit for fixation of pay of special^grade on completion of 12 years is to be reckoned from 1998, the sanction is to be granted in year 2010, but the speciai grade has been sanctioned to the petitioner from O1.O8.2OO8. The sanction from O I .O8.2OO8 defies the logic.

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Be that as it may, on a perusal of circulars, it is clear that administrative instruction No.2 has to be followed in letter and spirit by the authorities of APSRTC. This Court, having considered the rival submissions, is of the considered opinion that interests of^justice would be met, if the petitioner's case be considered for fixation of pay of special grade on completion of 12 years of service from November, 1991 entitling the petitioner from O1.08.2OO4. Needless to state that respwldnts sha-ll consider the case of the

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JAK.J W.P.No.3388 of20l3

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Petitioner and pass appropriate orders/proceedings within a period of three (3) months from the date of receipt of a copy of this order.

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With the above directions, writ petition is disposed of. No order as to costs.

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Miscellaneous applications pending, if any, shall stand

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closed.

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'\ t

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SD/. MOHD. ISMAIL //TRUE COPY// ASStSTA EGISTRAR

To,

SEC ION OFFICER

ilf;e.,flf;',T-,t ?:'r"""J:r'^{re|ansana state} Road rransporr Gorporation,

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BSR

HIGH COURT

DATED:21 11012024

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ORDER

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WP.No.3388 of 2013

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Mohd.Ishaq v. Andhra Pradesh State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Mohd.Ishaq v. 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

Statutes considered

Parties & counsel

Coram

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