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. 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 decasualization was done on 05.10.2007 as per the office order dated 06.10.2007 of ED(A) Hyderabad. Since all the petitioners herein were engaged during the month of September, 2001, they were decasualized with effect from 05.10.2007. d. Notified vacancies will be filled duly extending the roster of unfilled points for want of suitable candidates. These unfilled points treated as backlog and action will be taken to select the candidate for these backing posts in the ensuing vacancies. Normally, the Drivers and Conductors will be selected and keeping in the panel irrespective of regular vacancies to meet the extra schedules to be operated depending on the traffic need. Their assumption that they were selected against the existing vacancy is not correct. Hence, the writ petition is not maintainable and is liable to be dismissed. 4. Normally, the Drivers and Conductors will be selected and keeping in the panel irrespective of regular vacancies to meet the extra schedules to be operated depending on the traffic need. Their assumption that they were selected against the existing vacancy is not correct. Hence, the writ petition is not maintainable and is liable to be dismissed. 4. Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and Sri K.Viswanatham, learned Standing Counsel appearing for the respondent-APSRTC. Perused the material on record. 5. Learned counsel for the petitioners would submit that the petitioners are claiming seniority from the date of their appointment. It is stated that the petitioners were selected in pursuance of the Notification dated 31.05.1999, which has been issued to fill up the back log vacancies. Learned counsel would submit that the Petitioners were selected as Drivers Grade-II by the Departmental Selection Committee and they are entitled to have their seniority since from the date of selection i.e., 28.06.1999, but authorities have considered their seniority from the date of their regularization i.e., 17.10.2007, which cannot be the date to consider their seniority, because they were appointed in the existing vacancies and hence their seniority shall be considered from the date of their selection in the department. 6. Per contra, learned Standing Counsel for the respondent-APSRTC would submit that the petitioners are seasonal Drivers and if they are working regularly, they have merit in their contention. Learned counsel would submit that the respondents used to engage the petitioners on special occasions like festivals by giving a batch number. It is further submitted that their appointment itself shows that it is on daily wage basis, which means that it is purely temporary basis and do not confer on them any right for regular appointment at a future date. Learned Standing Counsel would submit that the Drivers and Conductors will be selected keeping in the panel irrespective of regular vacancies to meet the extra schedules to be operated depending on the traffic need. Hence, the contention that the petitioners were selected against the existing vacancies is not correct. The petitioners are not eligible for regularization with effect from 01.08.2001 and hence, their services have been regularized with effect from 05.10.2007 according to their eligibility. Hence, the contention that the petitioners were selected against the existing vacancies is not correct. The petitioners are not eligible for regularization with effect from 01.08.2001 and hence, their services have been regularized with effect from 05.10.2007 according to their eligibility. He would submit that the petitioners along with 19 Drivers filed WP No.4184 of 2012 for decasualization of their service with effect from 01.08.2001 instead of 05.10.2007, whereas, the said writ petition was disposed of directing the respondents to consider the representation of the petitioners and pass appropriate orders in accordance with law. Thereafter, the Regional Manager, Tirupati issued impugned proceedings stating that they are not eligible for regularization with effect from 01.08.2001. There was no decasualization from 01.08.2001 to 05.10.2007. Learned Standing Counsel further would submit that the petitioners are engaged during the month of September, 2001 since there was no decasualization from 01.08.2001 and they were decasualized with effect from 05.10.2007. 7. For better understanding, the Proceedings dated 27.07.1999 issued by the respondent No.2 is extracted hereunder: ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION No.E1/684(3)/99-RM(T) Office of the Regional Manager Tirupati Region, dt. 27.07.99 OFFICE ORDER Sub: Recruitment-Recruitment of Drivers Gr-Il from among SC/ST candidates against to the post of Driver Grade-II under backlog vacancies-Calling for literacy test and medical-Regarding. Ref: Proceedings No.E2/684(14)/99-ED, NLR, dt.28-06-1999 Vide proceedings cited the selection committee has selected 57 SC candidates and 3 ST candidates to the post of driver Gr-II among them 6 SC candidates were found medically unfit under A-I Category to the post of driver, Gr-II. As such the remaining 51 SC and 3 ST candidates are hereby allotted with staff members as noted against each. Sl.No. P.No. Name Father’s Name Staff No. allotted 06 7 K.RAMACHANDRAIAH GOVINDAIAH 552505 10 12 M.JANARDHANA VENKATAIAH 552509 11 14 P.VASUDEVAIAH VARADAIAH 552510 16 19 G.JAYARAMAIAH VENKATAIAH 552515 36 40 K.VENKATESAM NADIPAIAH 552535 40 44 P.GANGULAIAH VENKATRAMAIAH 553539 41 45 N.CHANDRAMOULI NAGAIAH 552540 47 53 A.MOGILAIAH CHINNAIAH 552546 Total 54 only Sd/... I/c. Personnel Officer Tirupati Copy to: 1) Deputy CPM/NLR for favour of information 2) All DMs of TPT Region for information. 3) "P" Cases of the parties 4) T. File 8. The proceedings referred to supra would clearly indicate that the posts of Driver Grade-II are filled up in back log vacancies and the Selection Committee has considered 57 SC candidates and 3 ST candidates among them. 3) "P" Cases of the parties 4) T. File 8. The proceedings referred to supra would clearly indicate that the posts of Driver Grade-II are filled up in back log vacancies and the Selection Committee has considered 57 SC candidates and 3 ST candidates among them. Since some SC candidates were found unfit on medical grounds, the remaining 51 SC and 3 ST candidates are allotted with staff members. The training schedule to the petitioners also issued. 9. It is relevant to extract the proceedings dated 26.05.2000, which reads thus; APSRTC No.E1/812(1)/2000-PSTC/NLR Office of the Principal PSTC, NLR, dt.26-05-2000 To The Personnel Officer APSRTC TIRUPATI Sub: Training; Redirecting of training and test completed new drivers, who have completed successfully the foundation course training at PSTC, NLR and passed the final driving test conducted by the candidates on 29-01-2000 are hereby re-directed to your office for further action at your end. Sl.No. Name Father’s Name Badge No. Result 1 P.NARAYANA LAKSHUMAIAH 14770 PASSED 2 B.V.RAMANA KRISHNAIAH 4698 PASSED 3 V.VASIDEVAIAH VARADAIAH 18166 PASSED 4 G.JAYARAMAIAH VENKATAIAH 2276 PASSED 5 S.NARASIMHULU NARASAIAH 4670 PASSED 6 P.THIRUMALA KANNAIAH 18457 PASSED 7 K.BALAIAH CHINNABBA 5324 PASSED 8 K.KUMAR CHINNAPPA 1151 PASSED 9 A.MOGILAIAH CHINNAIAH 2323 PASSED 10 A.BHASKARAIAH RAMAIAH 18104 PASSED 11 A.MURUGESH VENKATASWAMY 13309 PASSED 12 M.SABHAPATHY MUNASWAMY 389 PASSED 13 K.VISWANATHAM BHASKARAIAH 19461 PASSED 14 M.SIVARAM GANGULAPPA 93 PASSED As per the recommendations of the Committee, these Drivers shall not be booked for long distance, night outs and express services initially and they shall be booked for short distance, day outs and ordinary services till they gain a adequate work experience. As these drivers are given training on plain roads, they shall be booked only for operation of plain road services and not for ghat road services till such time they are given training suitably. Before issuing posting orders, their driving licenses shall thoroughly be verified for genuineness, validity, HPV & HGV etc., This is for your information and further action. Sd/... 10. The proceedings referred to above would show that the petitioners are new Drivers and they have completed the foundation course training and passed final driving test and after training, they were redirected to Personnel Officer, APSRTC, Nellore. The contents of the proceedings referred to supra are contrary to the contents of paragraph-5 of the counter affidavit filed by the respondent –APSRTC. The contents of the proceedings referred to supra are contrary to the contents of paragraph-5 of the counter affidavit filed by the respondent –APSRTC. A notification has been issued after examination of the candidates and the provisional selection list has been issued calling upon the individuals to submit their certificates for verification. Nowhere in the proceedings the words „daily wage? or „temporary? are mentioned. 11. The recruitment notification dated 31.05.1999 is extracted hereunder: ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION It is hereby proposed to invite applications from the eligible Scheduled Castes and Scheduled Tribes candidates for filling up the vacancies of the Backlog posts of Drivers for Tirupati and Nellore Regions comes under the limit of Nellore Zone and its details are as follows. Details of the vacancies Nellore Region SCs-00 STS-05 Tirupati Region SCS-57 Sts-47 Eligibility criteria for the post of Drivers is as follows. 1) The candidates must be able to read and write in any of the regional languages like Telugu or Urdu. 2) Should not be less than 157.5 Cms. of height. 3) By the date of selection candidates should possess the Driving License certificate and by that time they must possess two years of driving experience in HPMV and HGV or Transport vehicle. 4) By the date of selection candidates should not be below the age of 20 years and by 1 July, 1999 their age must not cross 45 years. In case of Ex-Service men there is age relaxation of more than 45 years of age. 5) Physically handicapped candidates are not eligible. 6) The selection process will be based on the updated circulars issued by the A.P.S.R.T.C. Employees Recruitment rules. 7) The candidates men or women belonging to the Scheduled Castes and Scheduled Tribes if interested, by paying Rs.25/- can obtain the application from 10.30 AM to evening 5.00PM. The candidates who are sent through Employment exchange also should pay necessary amount and can obtain the applications. Affix the passport size photograph on the filled application forms by enclosing the following certificates. 1) Xerox copies of Educational qualification, date of birth 2) Xerox copy of driving license 3) Xerox copy of the certificate issued within past 6 months. 4) Write the address of the candidate, affix Rs.3/- stamp on an envelope sized 25x10 cms. Affix the passport size photograph on the filled application forms by enclosing the following certificates. 1) Xerox copies of Educational qualification, date of birth 2) Xerox copy of driving license 3) Xerox copy of the certificate issued within past 6 months. 4) Write the address of the candidate, affix Rs.3/- stamp on an envelope sized 25x10 cms. The candidates should attend the office on 21-06-1999 in the morning 10.30AM to 5.00PM in the evening along with filled in applications and originals and should attend for the driving test later should arrange to stay in Nellore for 2-3 days. Below is the address for obtaining the application form and for attending the interview. Sd/... Dr.S.K. Mathur Executive Director To, The Deputy Chief Personnel Manager Office of the Executive Director APSRTC, Nellore - 524 003 12. The respondent No.2 issued proceedings dated 10.07.1999 regarding provisional selection list to the post of Driver Grade-II and the same is extracted hereunder: ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION No.E1/684(3)/99-RM(T) Office of the Regional Manager Tirupati Region, dt. 10-07-99 To Sri G.Jayaramaiah S/o Venkataiah Sub: Recruitment-Recruitment to the post of Driver Grade-II under backlog vacancies-Calling for literacy test and medical- Regarding. Ref: Departmental Selection No.E2/684(3)/99, dt.23-6-99 Committee-Proceedings You are provisionally selected to the post of Driver Gr-II vide reference cited subject to passing of literacy test, medical fitness, genuineness of caste, driving license character and antecedents. Therefore it is advised to attend this office on 20-07-1999 at 10.30 hours along with the following records in original to conduct literacy test and to direct you for medical examination if selected. 1) Educational certificate 2) Two recent passport size photographs 3) Caste certificate issued by the competent authority 4) Driving licence 5) Employment card. Further it is advised to prepare to stay at Tirupati for 2 to 3 days. You have also to pay an amount of Rs.500/- towards security deposit, if you are found fit in medical examination and passed in literacy test. Sd/.. Personnel Officer Tirupati 13. In that view of the mater, there is no force in the argument of the learned Standing Counsel that the petitioners are seasonal Drivers but not working regularly except on special occasions. Sd/.. Personnel Officer Tirupati 13. In that view of the mater, there is no force in the argument of the learned Standing Counsel that the petitioners are seasonal Drivers but not working regularly except on special occasions. Having regard to the facts and circumstances of the case and in the light of the material on record, this Court is of the view that there is a force in the contention of the petitioners and their request can be considered. Therefore, the action of the respondents in not considering the service of the petitioners from the date of selection pursuant to backlog vacancies notification and consequential selection of the petitioner by the departmental selection committee as Drivers Grade-II is declared as null and void and hereby set aside. 14. Accordingly, the Writ Petition is allowed. The respondent authorities are directed to consider the service of the petitioners from the date of their selection. No costs. Miscellaneous petitions pending if any, shall stand closed.