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K. MANMADHA RAO
CH. Chinna Babu – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent
ORDER :
The batch of Writ Petitions are filed to declare the G.O.Ms.No.1 Home (Legal.II) Department, dated 07.01.2016 as illegal, arbitrary and violative of Articles 14, 16, 21 and 311 of the Constitution of India.
2. Since the facts and issue involved in the batch of writ petitions are one and the same, I find it expedient to decide all these matters by common order.
3. For the sake of convenience, W.P.(AT).No. 66 of 2021 is taken as leading case.
4. Heard Mr. Ravi Shankar Jandhyala, Mr. K. Muralidhar Reddy, Mr. G.V.Sivaji, Mr. Ch. Srinivas, learned Senior Counsel for the respective petitioners and Mr. G.V.S.Kishore Kumar, learned Government Pleader, Services-I and Mr. M. Manohar Reddy, learned Standing Counsel for the respondents.
5. The brief facts of the case are that the petitioners are working as Armed Reserve Police in various cadres viz., Armed Reserve Head Constables (ARHC) and Armed Reserve Police Constables (ARPC). Initially they were appointed as Police Constables in special battalions and subsequently they were transferred to Armed Reserve Constables from 2000 onwards with a promise to protect their service, seniority and pay scale vide rules issued in G.O.Ms.No.299, dated
A person cannot claim retrospective seniority in a service from a date prior to joining that service, reflecting the principle that seniority is tied to actual induction into the cadre.
Seniority of Police Constables must be determined by the date of first effective advice by the Public Service Commission, overriding integration orders, and relinquishment of rights must be in writin....
The court held that seniority must be established based on actual service dates, not retrospective adjustments, reinforcing the principles established in prior rulings regarding promotions and upgrad....
Services rendered in one cadre cannot be counted for determining seniority in another cadre unless explicitly provided by rules governing seniority.
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.
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.
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