ORDER :

This Writ Petition is filed seeking a Writ of Mandamus declaring the Office Order No.Ec/114(06)/2022-PD, dated 30.5.2022 issued by the respondent No.1 reverting the petitioner to post of Assistant Engineer and also Office Order No. Ea/255(16)/2022-PD-1, dated 30-05-2022 issued by respondent No.2 promoting the respondent No.5 in place of the petitioner as illegal, arbitrary and against the Principles of Natural Justice and consequently to direct the respondent No.3 to continue the petitioner as Depot Manager in the respondent No.4 Corporation and to consider the petitioner's representation dated 24.05.2022 for posting him as a Depot Manager, Kothagudem and to pass such order or orders.

2. Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as a Mechanical Supervisor (trainee) on 30.12.1999 in the respondent's corporation and was promoted from time to time and was ultimately promoted as Assistant Mechanical Engineer on 27.05.2019 as per Regulation 30 of the TSRTC Employees (Recruitment) Regulations, 1966. It is submitted that the said appointment by promotion from the post of Assistant Engineer (Mechanical) is based on the seniority and those who were promoted along with the petitioner were posted to respective posts as Depot Managers and the Petitioner was posted as Depot Manager, Bhadrachalam.

3. It is submitted that on 20.05.2021, in spite of the petitioner's request to respondents to post him to Kothagudem on spouse grounds, the Petitioner was posted to Nagarkurnool on 26.06.2021 and thereafter on regular transfer, the petitioner was posted to Mahaboobabad Depot vide proceedings No.Ee/255(13)/2022-PD, dated 24.03.2022. It is submitted that the Petitioner again requested the authorities for considering posting him to Kothagudem on spouse grounds. The Petitioner was advised to make fresh representation and accordingly, he made a representation on 24.05.2022 requesting the respondents to post him at Kothagudem Depot as the person who was working there is going to retire in the month of August'2022. It is submitted that on 30.05.2022, vide the office order No. Ec/114(06)/2022-PD issued by respondent No.1, the Petitioner was reverted from the post of Depot Manager to Assistant Engineer (Mechanical) and in the place of the Petitioner, another officer i.e., respondent No.5, who was junior to the petitioner was posted. Challenging the same, the present Writ Petition is filed.

4. The Learned Counsel for the Petitioner submitted that though the Petitioner was given adhoc promotion under Regulation 30 of TSRTC Employees (Recruitment) Regulation of 1966, i.e., an appointment to higher post is made as per the said regulation in administrative exigencies, authorities cannot invoke the power under regulation 30 for reversion to again fill up the said post with another adhoc employee. It is submitted that as per the said regulation, the post can be filled up only by a regular employee. He further submitted that at the time of reversion, no notice was given to the Petitioner and such an action is in clear violation of Principles of Natural Justice, particularly when respondent No.5 is junior to the Petitioner. He placed reliance upon the judgment of this court dated 19.03.2019 in the case of A. Rajendra Prasad Versus State of Telangana, W.P. No. 350 of 2019 and batch, wherein, it was held that a temporary employee cannot be replaced by another adhoc or temporary employee and also the judgment of the Hon’ble Supreme Court in the case of Manish Gupta Versus President (Jan Bhagidari Samiti), [Civil Appeal Nos.3084-3088 of 2022 arising out of Special Leave Petition(Civil) No.12946-12950 of 2017, dt.21.04.2022].

5. He also placed reliance on the judgment of the Hon’ble Supreme Court in the case of State of Uttar Pradesh Vs. Sughar Singh, (1974) 1 SCC 2018, for the proposition that reversion is always a reduction in rank and reversion from a higher temporary or official rank to a lower substantiv