The seniority of employees must be determined in accordance with the specific rules governing seniority, and cannot be fixed based on roster points.

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 was reverted on the ground that she was junior to the petitioner.

6. Questioning the said proceedings of reverting the third respondent back to the previous post and fixing the seniority showing the petitioner as senior to the third respondent, the third respondent filed O.As. before the Tribunal. Both the said O.As. were allowed holding that the third respondent is senior to the petitioner. The Tribunal also in its order held that the seniority has to be fixed as per Rule 33-A of Andhra Pradesh State and Subordinate Service Rules, 1996.

7. Aggrieved thereby, the petitioner preferred these two writ petitions challenging the order of the Tribunal.

8. Although it is contended by the learned counsel for petitioner that the petitioner was originally appointed as attender on 19.06.2002 and the third respondent was appointed on 21.06.2002, the said contention is not found to be correct as per material available on record. As per the proceedings, dated 15.06.2002, both of them were appointed on 15.06.2002 itself. Rule 33-A of Andhra Pradesh State and Subordinate Service Rules, 1996 deals with fixation of seniority and it reads thus:

“The seniority of a person in service, class, category or grade, shall, unless he has been reduced to a lower rank as punishment be determined by the date of his appointment to such service, class, category or grade.”

9. It is well settled law that when there is specific Rule, which deals with fixation of seniority, the seniority of employees has to be fixed in accordance with the said Rule without any deviation. As the rule mandates that the seniority has to be determined by the date of the appointment of the employee to such service, the seniority of the petitioner is rightly fixed on the basis of his appointment.

10. Considering the facts and circumstances of the case, the Tribunal also rightly held, at para.20 of the common order, as follows:

“20. It is further seen that the post of Junior Auditor is borne on the AP State Audit Subordinate Service, for which rules are framed vide G.O.Ms.No.213, dt.18.07.2006 under proviso to Article 309 of the Constitution of India. Rule 3 of the said Rules provides for the method of appointment and appointing authority for various categories of posts sanctioned to the department. The post of Junior Auditor falls under Category-2 of the Table appended to Rule 3. Rule 6 r/w. Annexure in Category-2(iii) of the Rules, provides for minimum qualifications of a pass in Intermediate examination or any equivalent examination. Rule-8 states that in case of Record Assistants and Attenders (now Office Subordinates), they shall have to put in not less than five years of service from the date of commencement of probation in the respective category for appointment by transfer to the category of Junior Auditor. S