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Petitioner joined service as Traffic Apprentice on 21.05.1973. He was later appointed as Traffic Inspector Grade-II w.e.f. 01.12.1974 and earned promotions to various posts and by the time he attained the age of superannuation, he was working in the post of Statistical Officer in Class-I Junior Scale service and retired on 31.10.2010. The total service rendered by petitioner is 37 years 5 months and 10 days. According to petitioner, his service rendered from 21.05.1973 till he retired has to be computed for the purpose of determining the amount of gratuity payable to him. From out of 37 years, 5 months, 10 days, he was an apprentice from 21.05.1973 to 30.11.1974. He was placed under suspension in two spells. The first spell period was from 15.05.1987 to 27.11.1987 and second spell was from 02.08.2007 to 16.04.2008. The first spell of suspension was treated as 'on duty', whereas second spell was treated as 'not on duty'. While computing the gratuity payable to petitioner, the period of service rendered by him as trainee and period of suspension, which was treated as 'not on duty' were excluded. Petitioner claims these two periods also to be computed to arrive at total qualifying service to determine the gratuity payable to him. The claim of petitioner for computation of period of apprenticeship and suspension to determine gratuity was rejected by order dated 21.11.2011, impugned in this writ petition. 2.1. According to learned counsel for petitioner, based on the performance in the recruitment process, petitioner was appointed as Traffic Apprentice in the cadre post shown as Class-III post of PNR,J the service, followed by regular appointment. The post was governed by APSRTC Employees Recruitment Regulations, 1966 (Regulations, 1966). As per Regulation 25, Traffic Apprentice would be on probation for a period of one year after completion of prescribed period of training. On successful completion of training, he would be transferred as Traffic Inspector Grade II. He would submit that clause-7 of appointment order as Traffic Apprentice clearly hold that the service conditions are governed by regulations made from time to time. Further, proceedings dated 13.12.1974 would show that petitioner was absorbed as Traffic Inspector Grade-II. Thus, service rendered as Traffic Apprentice should also be computed. In support of this contention, learned counsel also placed reliance on the subsequent amendment to the service regulations, which incorporated the computation of trainee period as service. Traffic Apprentice is renamed as Traffic Supervisor (Trainee), post is classified as Class-II and training period is reduced to one year. He also placed reliance on the circular instructions issued by APSRTC on 16.09.1975, where under apprentice period is also directed to be computed towards qualifying service.

ISSUE NO.1:

8. When petitioner joined service, he was governed by APSRTC (CC & A) Regulations, 1967. The post of Traffic Apprentice was shown as item 15 in Clause (g) Operating (Traffic) of Schedule III. Regulation 25 of APSRTC Employees (Recruitment) Regulations, 1966 deals with probation of officers under training and apprentices. It reads as under:

"25.Probation of Officers under training and apprentices: In the case of officers under training and apprentices serving in the Corporation, they shall be on probation for a period of one year after the completion of the prescribed period of training and shall be required to pass the departmental tests before their appointment on probation."

9. In the table appended to above Regulations, under Section 'D', Class III Services, item 13 deals with 'Traffic Apprentice'. Against this entry, under the caption, 'period of training' it reads, "12 months. On successful completion of training, the candidate will be transferred as Traffic Inspector Grade-II or Head Depot Clerk".

10. These provisions make it clear the scheme of recruitment. On following regular selection process to recruit against a cadre post, person recruited is initially taken as apprentice, trained, tested his ability and on successful completion of training he is absorbed as Traffic Inspector Grade-II. Even the post of Traffic Apprentice is part of the cadre.