Back
G. NARENDAR, NYAPATHY VIJAY
T. A. Waheed Saheb S/o Mohammed Sab – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Heard Sri P. Surendar Rao, Learned Senior Counsel appearing on behalf of the petitioners, Learned Special G.P. (Panchayat Raj) for the respondents 1 & 2 and Sri J. Sudheer, Learned Counsel for respondent No. 3.
2. Having heard the Learned Counsel for the petitioners, it is apparent that the issue, which this Court is called upon to adjudicate lies in a very narrow compass i.e. whether the ratio fixed by the Government between two streams of recruitment i.e. direct recruits and promotee’s can be altered in exercise of its executive powers?
3. The issue in our opinion is no more res integra and has attained finality at the hands of the Hon’ble Apex Court, where a Three Judge Bench of the Apex Court in V.B. Badami and others vs. State of Mysore and others, (1976) 2 SCC 901 has held in Paras 35 to 37 as under:
36. In S.G. Jaisinghani v. Union of India, (1967) 2 SCR 703 : AIR 1967 SC
The court affirmed that recruitment quotas fixed by law cannot be altered by executive powers, ensuring adherence to established legal principles.
Quota-rota ratio in special rules for direct recruits and transferees must be applied vacancy-wise, not cadre-wise; excess transferee appointments against direct quota illegal and confer no seniority....
The seniority list was not prepared in accordance with the rules and the petitioners' objections were not considered.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Point of law: Service law – Determination of seniority - It requires to be reviewed by the competent Authority of the KSEB, verifying whether any person has been appointed in excess of the applicable....
Seniority between direct recruits and promotees must follow the quota-rota rule under statutory provisions when applicable, regardless of past non-implementation, ensuring fairness in the same recrui....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
