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G. NARENDAR, KIRANMAYEE MANDAVA
Bikki Satyanarayana Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
G. Narendar, J.
1. Heard the learned counsel for the appellants and the respondents.
2. The first Writ Appeal No.346 of 2024 is directed against the order of the learned Single Judge rendered while disposing of Writ Petition No.6544 of 2024, dated 15.03.2024.
3. The appellants all claim to be Motor Vehicle Inspectors and it is their case that they are the senior most in the cadre of Motor Vehicle Inspector and eligible for being promoted to the next post of Regional Transport Officer. That the respondents have initiated the Writ Petition without arraying them as party-respondents and they being the senior most amongst the existing list of Motor Vehicle Inspectors. The omission on the part of the private respondents i.e. Respondent Nos. 3 to 21 was deliberate and with the intention of securing an order from this Court adverse to their interest. Various grounds have been urged by Sri. M. Vijay Kumar, learned senior counsel, appearing on behalf of the private respondents.
4. The issue of seniority depends more on facts than on any complicated legal issue. The basic Rule relating to seniority is that seniority is relatable to the date on which the employee was borne on the rolls
Seniority in promotions must be determined based on established rules and principles, ensuring compliance with natural justice and proper representation of all affected parties.
The court established that seniority must be based on factual records and that natural justice requires all affected parties to be included in promotion processes.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
The entitlement to seniority in the Seniority List of Inspectors Grade-I is determined by the relevant Recruitment and Promotion Rules, the 85th Amendment to the Constitution of India, and the catch-....
General category candidates senior in feeder cadre regain inter se seniority over earlier promoted reserved category roster-point promotees in higher cadre via catch-up rule, absent rules for consequ....
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