Andhra HC (Pre-Telangana)
A. Rajeswar vs Mananging Director, Apsrtc And Ors. on 1 September, 1998
Equivalent citations: 1998(5)ALD409, 1998(5)ALT136
ORDER
1. Rule nisi. Smt. A. Vyiayanthi, learned Standing Counsel took notice for the respondents. The Writ Petition was heard finally with the consent of the learned Counsel for the parties.
2. The petitioner joined service of Andhra Pradesh State Road Transport Corporation as Conductor on ad hoc basis with effect from 24-5-1984. The petitioner's services were regularised w.e.f., 1-6-1985 by the Corporation acting under Regulation 13 (7) of the Andhra Pradesh State Road Transport Corporation Employees (Pay and Allowances) Regulations. 1964. The grievance of the petitioner is that his services in the cadre of Conductor ought to have been regularised w.e.f. the date of his initial appointment i.e. 24-5-1984. The question whether the petitioner is entitled to the said relief is fully covered by a Division Bench judgment of this Court in APSRTC v. P.T. Rao and others, . In para 5 of the said judgment, the Division Bench held that the workmen arc entitled to the regularisation of their services from the date of their initial appointment to the posts in question on completion of 240 working days. However, the learned Standing Counsel for the respondent Corporation, adverting to the phrase "on completion of 240 working days" occurring in para (5) of the judgment would contend that the petitioner is entitled to regularisation of services only with effect from the date on which he completed 240 days of continuous service. This contention is required to be noticed only to be rejected for more than one reason. What the Division Bench said in para (5) docs not support the contention of the learned Standing Counsel. It is trite to state that a workman does not acquire a right to be considered for regularisation unless he completes 240 days of service and therefore the pharsc "on completion of 240 working days" occurring in para (5) of the judgment has to be understood in that context. Added to this admittedly, another Division Bench judgment of this Court in Writ Appeal No.705 of 1995 has already ruled that workmen are entitled to seek regularisation of their services w.e.f., the date of initial appointment and that judgment holds the field.
3. In the result, the wrip1 t petition is allowed. A direction shall issue to the respondents to regularise the services of the petitioner with effect from the date of his initial appointment i.e., 24-5-1984 extending all the benefits flowing from such regularisation. No costs.