IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI, J.
Smt. Dandu Suneetha, D/o. D. Venkat Reddy - Petitioner
Versus
The District Collector, YSR Kadapa District and Others - Respondents
Writ Petition No.5224 of 2020
Decided On : 02-02-2023
A.P. Subordinate Service Rules - Rule 26 and 33(b) - Constitution of India,1950 - Article 226 - Post of Village Revenue Assistant - Process of selection - Seniority - 1st respondent, being competent authority, has drawn integrated seniority list among Village Revenue Assistants working in YSR District vide proceedings dated and called for objections from individuals - Name of petitioner was shown at Sl.No.120 - Seniority list was drawn by following rank/merit assigned by Selection Committee during process of selection - 1st respondent has drawn final seniority list and communicated to Tahsildars in District/RDO's and requested to publish the said list in all concerned offices vide Ref.No - In said list, name of the petitioner was included at Sl.No.148 - List was prepared in terms of Rule 33(b) of State and Subordinate Service Rules as well as merit list issued by Selection Committee - Held, In fact, material papers filed along with the writ petition would indicate that neither provisional lists nor integrated seniority list was prepared basing on merit list - It is pertinent to mention here that petitioner stood first however she was not given appointment immediately - Candidates who were secured less rank joined in service - Petitioner jointed in service - Since fixation of seniority list in case on hand is against Rule 33(b) of A.P. Subordinate Service Rules, writ petition filed by petitioner is maintainable - Authorities violated statutory Rules and hence aggrieved party need not approach appellate authority and writ petition under Article 226 of Constitution of India is maintainable - Seniority list drawn vide dated by 1st respondent is set aside - 1st respondent shall prepare a fresh seniority list keeping in view merit list prepared by Andhra Pradesh Public Service Commission/Recruitment Agency keeping in view Rule 33(b) of A.P.State Subordinate Service Rules r/w operational guidelines issued by CCLA - Writ Petition is allowed.
ORDER :
1. The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
2. Pursuant to the notification issued by the 1st respondent dated 07.12.2011 for Direct Recruitment for the post of Village Revenue Assistant, petitioner appeared and secured 64 marks with first rank. Since the candidature of the petitioner is ignored, she was constrained to approach the Tribunal by filing O.A.No.6264 of 2012. The Hon’ble Tribunal by its order dated 21.12.2012 allowed the O.A and directed the respondents therein to appoint the petitioner as Village Revenue Assistant of Chanduvai Village. Accordingly, the petitioner was issued posting orders vide Ref. No.A/2681/2011, dated 22.02.2013 by Sub-Collector, Rajampet. After issuance of the posting orders, petitioner joined duty on 28.02.2013.
(b) 1st respondent has drawn final seniority list and communicated to Tahsildars in the District/RDO’s and requested to publish the said list in all concerned offices vide Ref.No.A4/1335/2016, dated 08.11.2017. In the said list, the name of the petitioner was included at Sl.No.148. The list was prepared in terms of Rule 33(b) of State and Subordinate Service Rules as well as merit list issued by the Selection Committee.
(c) As the matter stood thus, the 1st respondent has drawn up provisional seniority list of VRAs working in the District vide Ref.No.A4/1554/2019, dated 28.08.2019 and requested the Tahsildars/RDOs in the District to publish the said list calling for objections if any within seven (7) days from the date of its publication. The name of the petitioner was shown at Sl.No.1683. Petitioner submitted her objections. However, the 1st respondent without rectifying the mistake, has drawn up another provisional seniority list of VRAs in the District vide Ref.No.A4/1554/2019, dated 24.12.2019 and requested the Tahsildars/RDOs to publish the said list in the offices duly calling for objections if any. In the said seniority list, the name of the petitioner is shown at Sl.No.1563. Finally, integrated seniority list of VRAs was prepared vide proceedings in Ref.No.A4/1554/2019, dated 10.02.2020. The name of the petitioner was shown at Sl.No.1684. Assailing the same, the above writ petition is filed.
M. Ananda Rao and Another vs. Golconda Grameena Bank, Head Office, Hyderabad and others
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
Seniority cannot be granted to employees not borne in the cadre; it must reflect the actual date of joining. A fresh seniority list should be prepared following Supreme Court rulings.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
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