IMPORTANT POINT
The court established that arbitrary denial of service recognition violates the principles of fairness and justice under Article 226 of the Constitution.

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India seeking Mandamus, for the following relief:

“…to declare the action of the respondents in not considering the service of the petitioners from the date of selection i.e., 28.06.1999 pursuant to Backlog vacancies notification and consequential selection of the petitioners by the Departmental Selection Committee as drivers Grade-II instead of 17.10.2007 as arbitrary and illegal and consequently, direct the respondents to consider the service of the petitioners from the date of selection by the Departmental Selections Committee in terms of Backlog vacancies notification dt.31.05.1999 and to pay the consequential benefits in the interest of justice”

2. The facts of the case, in brief, are as follows:

a. The respondent-APSRTC issued a Notification dated 31.05.1999 to fill up the backlog vacancies from the eligible candidates belonging to Scheduled Castes (SC)/Scheduled Tribes (ST) for Nellore and Tirupati Regions. Pursuant to the said notification, petitioners, who are eligible to the post of Drivers, applied and the Departmental Selection Committee selected the candidates, vide Proceedings dated 28.06.1999. Petitioners were sent for training and after completion of training, they reported to the Respondent authorities. Petitioners were appointed as Casual Drivers by the respondent authorities and continued them till the year 2007.

b. The case of the petitioners for appointment as regular drivers was ignored stating that there were no vacancies. On 17.10.2007, the respondent authorities issued proceedings for regularization of the services of the petitioners. In spite of utilizing the services of the petitioners from the date of appointment as casual drivers as if the regular drivers and did not pay the time scale. The respondents erroneously ignored the notification issued for filling up the backlog vacancies. Unless the vacancies arose, the respondents will not issue notification for filling up the backlog vacancies. Since the petitioners were appointed as Drivers in the existing vacancies, their service and seniority should be treated from the date of the selection. The respondents have to pass orders for fixing notional seniority from the date of appointment and to pay arrears and other consequential benefits. c. The action of the respondents in not considering the request of the petitioners in treating the service and seniority of the petitioners from the date of selection instead of 17.10.2007 is arbitrary and illegal. Hence this writ petition.

3. A counter affidavit has been filed by the respondent-APSRTC denying all the material allegations made in the writ affidavit with the following key averments:

a. Respondent-Corporation issued notification on 31.03.1999 inviting applications for the post of Drivers on daily wage basis from the SC/ST candidates for backlog vacancies. The writ petitioners herein along with 19 others Drivers have filed W.P.No.4184 of 2012 for decasualization of their service with effect from 01.08.2001 instead of 05.10.2007. This Court disposed of the said W.P. directing the Regional Manager, Tirupati-respondent No.2 therein to consider the representation dated 18.09.2010 submitted by the petitioners therein and to pass appropriate orders in accordance with law. Accordingly, the respondent No.2 issued Proceedings dated 27.07.2016 that the petitioners in the said W.P. are not eligible for regularization with effect from 01.08.2001. Hence, their services were regularized subsequently with effect from 05.10.2007 as per their eligibility in accordance with the instructions received from the Head Office.

b. In the appointment itself, it was clearly mentioned that their appointment as Driver Gr-II on daily wage basis is purely temporary and does not confer on them any right for regular appointment at a future date and they will be paid only for the days of engagement.

c. No decasualization was done after 01.08.2001 to 04.10.2007 and deca