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RAVI NATH TILHARI, K. MANMADHA RAO
C. P. Ramamohan Varma, Kadapa Dist – Appellant
Versus
Superintendent of Police, Kadapa – Respondent
ORDER :
K.Manmadha Rao, J.
This Writ Petition is filed under Article 226 of the Constitution of India, seeking following relief:
“to issue writ, order or direction, more particularly one in the nature of Writ of Certiorari calling for records relating to passing of the impugned orders dated 13.01.2015 of the Hon’ble Administrative Tribunal in O.A.No.9438 of 2011 along with the orders of the 1st respondent dated 10.03.2008, as reaffirmed in the 1st respondent reference in C.No. A1/6257/95, dated….08.2009 and quash the same as illegal, consequently directing the 1st respondent to assign the seniority of the petitioner between Sl.Nos. 35 and 36 of the C-List issued in C.No.1199/A1/2007, dated 03.05.2007 by the 1st respondent, with all consequential benefits including arrears of the salary and pass such other orders.”
2. The precise case of the petitioner is that he was appointed as Armed Reserve Police Constable in 1984 and appeared for the qualifying examination conducted by the Superintendent of Police, Kadapa for promotion to the Armed Reserve Head Constable along with 43 constables. Initially 13 persons only from the said list were promoted and there were still 26 more vacancies. T
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 in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
Seniority must be reckoned from the date of substantive appointment, as an employee cannot claim seniority for any period prior to their actual entry into the service or their induction into the cadr....
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
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