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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE K MANMADHA RAO, J
G. Appala Naidu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the orders passed by the 2nd respondent in Memo No.24265/CS.I/2021, dated 8.4.2021 in rejecting the case of the petitioner for promotion to the post of DEE as illegal and arbitrary and runs contrary to the orders passed by the Division Bench of this Court in W.P.No.17258/2020 dt. 14.12.2020 and contrary to the judgment of the Supreme Court reported in 1996 (1) SCC 524, 1994 (1) SCC 373 and consequentially declare that the petitioner is entitled for promotion from the date on which others were promoted w.e.f 3.1.2020 with all consequential attendant benefits….”
2. Brief facts of the case are that the petitioner appointed as Assistant Executive Engineer in A.P. Public Health and Municipal Engineering Services as direct recruitee on 26.06.2013. In view of the bifurcation of the State, keeping in view of the Policy of both the governments for Inter State Transfers vide Memo dated 07.08.2017 on making application Government of Telangana issued G.O.Rt.No.157, MA & UD Department, dated 13.03.2018 ord
Prior service rendered before an inter-state transfer is valid for promotion eligibility, even if seniority is lost, as established by previous court rulings.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
Important PointGovernment Contract – Tender – Whenever there is such a business/commercial transaction, it is always to be examined on commercial principles where equity has no role to play.
Court affirmed that service prior to inter-divisional transfer counts for eligibility, but not for seniority in promotion considerations.
Past service should be acknowledged for promotion eligibility, yet current seniority dictates actual entitlement, emphasizing fairness and administrative integrity in promotions.
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
The court upheld the validity of the final seniority list, affirming compliance with the A.P. Reorganization Act and the One Man Committee's directives, while emphasizing the need for adherence to pr....
Employees who voluntarily accept transfer conditions forfeiting seniority cannot later claim it, as their seniority is maintained division-wise under applicable service rules.
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