A.P.S.R.T.C. & ORS. versus B. BODAN REDDY (DEAD) BY LRS. & ORS.

Citation: [2007] 1 S.C.R. 1102 · Decided: 17-01-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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A.P.S.R.T.C. & ORS. 
v. 
B. BO DAN REDDY (DEAD) BY LRS. & ORS. 
JANUARY 17, 2007 
[S.B. SINHA AND MARKANDEY KAT JU, JJ.] 
Service Law: 
Seniority-Division of corporation il"to different regions-Promotion 
in one region-Employees in other region not entitled to promotion by 
claiming seniority in combined list. 
The respondents were appointed by the appellant-Corporation as 
Security guards at Warangal. The Corporation created different regions 
'Karimnagar' and 'Warangal' Region for managing its affairs. When an 
option was called for in regard to their posting in the Warangal region and 
Karimnagar region, respondents opted for the former region. They were, 
therefore, absorbed in the Warangal region of appellant-Corporation. 
Subsequently some posts were created in the Karimnagar region. One 'T' 
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. 
Respondent filed writ petition for consideration of their case for 
promotion. By reason of the impugned judgment, the writ petition was 
allowed d.irecting the appellant-Corporation to consider the eases 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. Hence 
the present appeal. 
Allowing the appeal, the Court 
HELD: The bifurcation of the rlivision 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 
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A.P.S.R.T.C. v. B. BODAN REDDY [SINHA, J.] 
1103 
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remaining in the cadre of the employees of the Warangal region, only 
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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 High Court did not consider this aspect of the matter 
and 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 therefor 
when their juniors have been promoted. The High Court 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 'T' in the Karimnagar Region did 
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not and could not arise as a new seniority list came into being. 
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(Para 4] [1104-C-F] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6449 of2000 
From the Final Judgment and Order dated 22.6.2000 of the Hig9 Court 
of Judicature, Andhra Pradesh at Hyderabad in W.P. No. 27767/1995 
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R. Santhan Krishnan, K. Radha Rani, Praveen K. Pandey, P. Vijay 
Kumar and G. Ramakrishna Prasad for the Appellants. 
The Judgment of the Court was delivered by 
S.B. SINHA, J. : 1. 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 ofKakatiya' in the appellant-Corporation. The 
Warangal region, however, was carved 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 the appellant-Corporation. 
2. It is stated that subsequently some posts were created in the 
Karimnagar region. One Mr. T.J. Reddy, who was junior to the respondents 
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in the combined seniority list was promoted to the post of Security Head 
Guard as he became the senior most in the Karimnagar region. 
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1104 
SUPREME COURT REPORTS 
[2007] l S.C.R 
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3. 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

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