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R. RAGHUNANDAN RAO, HARINATH N.
Anem Veera Raju – Appellant
Versus
High Court Of Andhra Pradesh – Respondent
JUDGMENT :
(R. Raghunandan Rao, J.) :
Heard Sri M. Vijay Kumar, learned Senior Counsel appearing on behalf of Sri Manoj Kumar Bethapudi, learned counsel for the petitioners and Sri P.S.P Suresh Kumar and C.R. Kalyan, learned counsel for respondents.
2. The 1st petitioner was appointed as an attender in the year 1988 and 2nd petitioner was appointed as attender in the year 2001. In the course of their service, they were promoted from time to time. The details of these would not be necessary for the purposes of this writ petition. It would suffice to start with the promotion of the petitioners as Stenographer Grade-III by the 2nd respondent-District Judge, by proceedings in PR.No.5 of 2017 dated 03.02.2017. After a period of two years, the petitioners were further promoted as Stenographer Grade-II, by proceedings in PR.No.32 of 2019 dated 18.05.2019 by the 2nd respondent. Subsequently, proceedings bearing PR.No.28 and 29, dated 13.02.2020 were issued regularizing the services of the 1st petitioner as Stenographer Grade-II and his probation was also declared under Rule 13 of the Andhra Pradesh Judicial Ministerial and Subordinate Service Rules, 2019. At that stage, the 2nd respondent aga
Seniority among employees is determined by the date of initial appointment, not by the completion of probation.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Established seniority lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
An employee cannot be denied promotion and seniority due to the unjustified delay on the part of the government.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of c....
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 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....
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