# A.P.S.R.T.C. & ORS v. B. BO DAN REDDY (DEAD) BY LRS. & ORS

- **Citation:** [2007] 1 S.C.R. 1102
- **Court:** Supreme Court of India
- **Decided:** 2007-01-17
- **Case number:** Civil Appeal No. 6449 of2000
- **Bench:** S.B. Sinha, Markandey Kat Ju
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/a-p-s-r-t-c-ors-v-b-bo-dan-reddy-dead-by-lrs-ors-22461
- **Pages:** 3

## Headnote

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
1102
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A.P.S.R.T.C. v. B. BODAN REDDY [SINHA, J.]
1103
--. t
remaining in the cadre of the employees of the Warangal region, only
A
/
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
B
not and could not arise as a new seniority list came into being.
C
(Para 4] [1104-C-F]

## Text

A
B
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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
1102
~ ~
'( ~
-1
r
,.:'_.....
:
A.P.S.R.T.C. v. B. BODAN REDDY [SINHA, J.]
1103
--. t
remaining in the cadre of the employees of the Warangal region, only
A
/
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
B
not and could not arise as a new seniority list came into being.
C
(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
D
1
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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F
G
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1104
SUPREME COURT REPORTS
[2007] l S.C.R
A
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 the Andhra Pradesh High Court ,directing the appellantCorporation to consider their cases. Aggrieved thereby, an appeal was
preferred before the Division Bench. The Division Bench, however, although
B
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 pr(jmotion
from the post of Security Guard to Security Head Guard from the date on
. c which their junior had been promoted .
4. 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
D
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 Wararig~l region, in our opinion, only because a vacancy
had fallen in the Karimnagar region and the same had been filled up from
E
amongst the employees thereof: no exception thereto could be taken. The
Division Bench of the ij'igh Court, in our opinion, did not consider this
aspect of the matter. T~e Division Bench proceeded on the basis that as the
respondents might be otherwise qualified, they were entitled to be considered
for promotion opining that respondents are and should not be deprived from
F
being considered therefor 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 seriibr 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.
G
5. The impugned judgment, for the reason aforemention~d, is set aside
and the appeal is allowed. As none appears for the respondents, there shall
be no order as to costs.
D.G.
Appeal allowed.
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