2023 Supreme(AP) 350
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. GANGA RAO, V. SRINIVAS, JJ.
S.G.M.K. Naga Baji – Petitioner
Versus
State of Andhra Pradesh – Respondent
W.P. No. 27053 of 2014, W.P. No. 942 of 2019
Decided On : 02-03-2023
Advocate Appeared:
For the Petitioner: Siva.
Headnote:
Constitution of India, 1950 - Article 226 - Fixation of seniority - Appointment of compassionate ground - Whether the Memo, directing to give notional seniority to SGMK Naga Baji in the cadre of Junior Assistant from the date of his first appointment as attender, under Medical Invalidation scheme is valid? Held, Court also finds that appointment of Nagabaji by memo as Junior Assistant from date of his initial appointment as attender and fixed his seniority at appropriate place in cadre of junior assistant suffers from infirmity and Tribunal has rightly interfered with same in O.A.by orders - Court finds that appointment of Nagabaji by memo as Junior Assistant from date of his initial appointment as attender is not supported by rule position or provision of law - Tribunal had rightly set aside memo - Court do not see any grounds in W.P. warranting interference with order passed by Tribunal and SGMK Naga Baji is not entitled for appointment as a Junior Assistant from date of his initial appointment as attender on notional fixation of his seniority in cadre of Junior Assistant - Petition allowed
ORDER :
1. In these two writ petitions the cause of action, facts and issue raised are one and the same. Hence, both the writ petitions were heard together and are being disposed of by this common order.
2. The lis revolves around the fixation of seniority between SGMK Naga Baji (petitioner in W.P. No. 27053 of 2014 and 4th respondent in W.P. No. 942 of 2019) and CHVRK Sastry (petitioner in W.P. No. 942 of 2019 and 4th respondent in W.P. No. 27053 of 2014).
3. The petitioners in these writ petitions will hereinafter be referred to with their names viz. SGMK Naga Baji and CHVRK Sastry, for the sake of clarity and convenience.
4. The facts, in brief, are that CHVRK Sastry was appointed on compassionate grounds as a Typist vide proceedings dated 10.12.1996 and joined duty as Typist on Forenoon of 12.12.1996. He has to acquire the qualification of Typewriting Telugu lower grade within a period of two years from the date of appointment order and on acquiring the said qualification, his services were regularised w.e.f. 12.12.1996 i.e. from the date of joining as a typist vide proceedings dated 17.12.1998. Based on the integrated seniority list of Junior Assistants/Junior Stenos/typists of Kakinada Nodal Division, he was promoted as a Junior Assistant on 12.12.1996 and thereafter as Senior Assistant on 23.11.2011 and working in Nodal unit of East Godavari District. The integrated seniority list of Junior Assistants/Junior steno-typist/typists of erstwhile Kakinada Nodal division comprising of East and West Godavari districts for the period from 01.05.1994 to 31.12.2003 was prepared taking the service of CHVRK Sastry w.e.f. 12.12.1996 in terms of G.O.Ms. No. 60 dated 11.02.1997 whereas the SGMK Naga Baji was appointed as an Attender on 09.08.1996, under medical invalidation scheme, as his father took voluntary retirement on medical grounds. Later, by proceedings, dated 19.07.2010, SGMK Naga Baji was appointed as a Junior Assistant from date of his initial appointment as Attender with notional seniority. The said proceedings are challenged by CHVRK Sastry by filing O.A. No. 9103 of 2021 as it would affect his seniority in the cadre of Junior Assistant. The said OA was allowed by order dated 15.07.2014, against which SGMK Naga Baji filed W.P. No. 27053 of 2014. In the said writ petition, this court on 04.08.2015 while ordering notice in the writ petition ordered WPMP No. 33826 of 2014 as follows: “status quo existing as of now with regard to the position held by the petitioner, be maintained.” Pending the said writ petition, SGMK Naga Baji, filed O.A. No. 5202 of 2015 before the APAT to extend the benefit of G.O.Ms. No. 151 (GAD Ser-G) dated 22.06.2004 to him. By the said G.O.Ms. No. 151, an amendment was made to GOMs. No. 60 dated 11.02.1997. Pending O.A. No. 5202 of 2015, an order is passed on 09.09.2015 to consider the representation of SGMK Naga Baji dated 31.07.2015 and pass appropriate orders keeping in view GOMs. No. 151 dated 22.06.2004. Pursuant to the said interim order, the 3rd respondent by proceedings dated 07.12.2017, after considering the objections, re-fixed the seniority revising the integrated seniority list of CHVRK Sastry at serial No. 752 of the Junior Assistants relating to Kakinada Nodal division for the period from 01.05.1994 to 31.12.2005 against which it is stated an appeal lies to the Commissioner of Commercial Taxes, Vijayawada, within 30 days from the date of the said order. When CHVRK Sastry filed vacate M.P. No. 573 of 2016 in O.A. No. 5202 of 2015, SGMK Naga Baji got dismissed the OA as withdrawn on 25.04.2018. Questioning the proceedings dated 07.12.2017 CHVRK Sastry filed O.A. No. 1255 of 2018. The said OA was dismissed on 30.07.2018 stating that said OA was filed without availing the effective alternative remedy of appeal under Rule 26 of the AP State and Subordinate Service Rules, 1996. Hence, W.P. No. 942 of 2019 has been filed challenging the proceedings dated 07.12.2017.
5. The points that arise for con