Seniority in service is to be determined based on service rules and principles of seniority, and those entitled to promotion should be considered accordingly.

JUDGMENT

Dr. K. Manmadha Rao, J. - Writ Petition No. 18303 of 2019 is filed under Article 226 of the Constitution of India, claiming the following relief:

'.....Issue an order or direction more particularly one in the nature of Writ of Mandamus, declare the in action of the respondents Nos. 3 and 4 in not giving promotion to the petitioners to the post of Village Revenue Officers from Village Revenue Assistants by considering the petitioners promotion from back date Dt. 02.08.2018 the petitioners juniors were considered for promotion in spite of rectifying the mistakes committed in fixing the seniority list dated 22.12.2017 by refixing the petitioners seniority prepared for all the eligible VRAs for promotion to the post of VROs placing the petitioners in Sl. No. 28 and 29 from 88 and 89 in the seniority list dated 22.12.2017 as illegal, arbitrary, violation of fundamental rights guaranteed under the Article 16 of the Constitution of India and Consequently direct the Respondents No. 3 and 4 to give promotions to the petitioners to the post of Village Revenue Officers from the post of Village Revenue Assistants by considering the petitioners promotion from back date Dt. 02.08.2018 the petitioners juniors were considered for promotion shown from Sl. No. 30 of Seniority list shown in the seniority list Dt. 08.08.2019 along with all monitory benefits since 02.08.2018 and pass such other orders.'

Writ Petition No. 3648 of 2021 is filed under Article 226 of the Constitution of India, claiming the following relief:

'.....Issue an order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents Nos. 3 and 4 in not considering the petitioners for subsequent promotions arose to the post of Village Revenue Officers Gr. II, after the promotions they challenged in W.P. No. 18303 of 2019 on the ground that the writ petition W.P. No. 18303 of 2019 filed by the petitioners is pending on the file of this Honorable Court which was filed to direct the Respondents No. 3 and 4 to give promotions to the petitioner to the post of Village Revenue Officers Gr. I as petitioners juniors were considered for promotion though they were juniors to the petitioners shown from Sl. No. 30 of Seniority list Dt. 08.08.2019 as illegal, arbitrary and violation of Fundamental Rights of the Constitution of India and consequently direct the Respondent No. 3 and 4 to consider the petitioners for promotion to the two posts of VRO Gr-II which are kept vacant for the petitioners on par with the candidates considered shown in REV-ASECOPRM (VRO)/1/2019-JA(A4)-COLLKRN, Dt. 05.12.2020 for Gr. II by the Respondent No. 3 implementing the interim orders passed in I.A. No. 1 of 2020 in W.P. No. 2031 of 2020 without waiting for the decision of the writ petition W.P. No. 18303 of 2019 and to grant such other relief or reliefs as this Honorable Court deems fit and proper in the Circumstances of the case.'

2. Since the facts and issue involved in both the writ petitions is one and the same, I find it expedient to decide both the matters by common order.

3. For the sake of convenience, W.P. No. 3648 of 2021 is taken as leading case.

4. Heard Mr. M. Murali Lincoln, learned counsel for the petitioners and learned Government Pleader for Services-I for the respondents.

5. The brief case of the petition in W.P. No. 3648 of 2021 is that the petitioners were appointed as Tallari/VRA by the then 5th respondent and their services were regularized permanently. The 3rd respondent vide proceedings dated 22.12.2017 prepared Inter Seniority List of Village Revenue Assistants in Kurnool District as on 26.10.2017 by taking into consideration date of joining of into service for all the VRAs into service, except petitioners. The petitioners submitted their objections against the Seniority List dated 22.12.2017 stating that their seniority should be considered from the date of joining into service as Village Revenue Assistant dated 04.03.2006 not from the date