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CHEEKATI MANAVENDRANATH ROY, V. GOPALA KRISHNA RAO
G. Venugopal, S/o Late G. Lakshmaiah – Appellant
Versus
Director Of State Audit – Respondent
ORDER :
CHEEKATI MANAVENDRANATH ROY, J.
Both these writ petitions are filed against the common order, dated 03.09.2010, of the Andhra Pradesh Administrative Tribunal at Hyderabad, (for short, “the Tribunal”), passed in O.A.Nos.12667 and 12888 of 2009, whereby the orders of reverting the petitioner to the lower grade post and the order fixing the seniority of the petitioner as junior to respondent No.3, are confirmed.
2. Both the petitions were heard together and they are being disposed of by this common order as the Tribunal has disposed of both the O.As by a common order.
3. Heard the learned counsel for petitioner and the learned counsel for the 3rd respondent.
4. The petitioner was initially appointed on compassionate ground as an attender in State Audit Department of Tirumala Tirupati Devasthanam, as per the order issued by the District Collector, Chittoor to that effect. The third respondent was also appointed as attender in the same Department of T.T.Devasthanam as per the proceedings issued by the District Collector. The third respondent was appointed in S.C. backlog vacancy.
5. The third respondent was earlier promoted to the higher post. But, subsequently, the third respondent w
The seniority of employees must be determined in accordance with the specific rules governing seniority, and cannot be fixed based on roster points.
The main legal point established is that seniority is determined based on the date of appointment, and retrospective promotion is essential for the grant of retrospective seniority.
The determination of inter-se seniority under Rule 33(a) is based on the date of first appointment, not merit rankings.
Seniority among employees is determined by the date of initial appointment, not by the completion of probation.
Promotees cannot claim seniority over direct recruits as per established service rules regarding recruitment and seniority determination.
The main legal point established in the judgment is the court's authority to direct the second respondent to pass necessary orders for the fixation of correct seniority on par with S. Shanmugam in th....
Seniority for transferred employees is determined by the date of joining in the new department, not by prior seniority in the former position.
The seniority of officers appointed to the Bihar Finance Service shall be determined in accordance with the date of their substantive appointment to the service.
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