A.P.S.R.T.C. and Others vs B. Bodan Reddy (Dead) by Lrs. and Others

S.B. Sinha, J.—The Respondents herein were appointed, by the appellant-Corporation as Security Guards. Different regions have been created by the Corporation for managing its affairs. The divisions of Karimnagar, Nizamabad, Warangal and Khammam formed part of one region known as 'Karimnagar Region of Kakatiya' in the appellant-Corporation. The Warangal region, however, was curved out therefrom known as 'Warangal Region'. The respondents herein had been working at Warangal. When an option was called for in regard to their posting in the Warangal region and Karimnagar region, they opted for the former region. They were, therefore, absorbed in the Warangal region of appellant-Corporation.

It is stated that subsequently some posts were created in the Karimnagar region. One Mr. T.J. Reddy, who was junior to the respondents in the combined seniority list was promoted to the post of Security Head Guard as he became the senior most in the Karimnagar region.

A writ petition was filed by the respondents herein for consideration of their cases for promotion. An interim order was passed by the learned Single Judge of the Andhra Pradesh High Court directing the appellant-Corporation to consider their cases. Aggrieved thereby, an appeal was preferred before the Division Bench. The Division Bench, however, although initially suspended the operation of the said interim order passed by the learned Single Judge, thought it fit and expedient to withdraw the writ petition itself before it and determine the same on its own merits. By reason of the impugned judgment, the writ petition had been allowed directing the appellant-Corporation to consider the cases of the respondents for promotion from the post of Security Guard to Security Head Guard from the date on which their junior had been promoted.

The bifurcation of the division is not in dispute. Warangal division, thus, became a new division. It has also not been disputed that cadre of the employees is maintained region-wise. Therefore, separate seniority lists were required to be maintained only on that basis. Once there has been a valid division of two regions as a result of which a new region came into being, a distinct and separate seniority list of the employees was required to be maintained. If the respondents had opted for remaining in the cadre of the employees of the Warangal region, in our opinion, only because a vacancy had fallen in the Karimnagar region and the same had been filled up from amongst the employees thereof, no exception thereto could be taken. The Division Bench of the High Court, in our opinion, did not consider this aspect of the matter. The Division Bench proceeded on the basis that as the respondents might be otherwise qualified, they were entitled to be considered for promotion opining that the respondents are and should not be deprived from being considered therefore when their juniors have been promoted. In our opinion, the Division Bench committed a manifest error in coming to the aforementioned conclusion inasmuch as there having been a valid division of the cadre, the question of the respondents becoming senior to the said Mr. T.J. Reddy in the Karimnagar Region did not and could not arise as a new seniority list came into being.

The impugned judgment, for the reason aforementioned, is set aside and the appeal is allowed. As none appears for the respondents, there shall be no order as to costs.