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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr Justice K Manmadha Rao, J
Dabbara Gopal Naidu – Appellant
Versus
Engineerinchief – Respondent
ORDER :
K Manmadha Rao, J.
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus under Article 226 of the Constitution of India declaring the action of the Respondents in preparing and issuing final seniority list of Deputy Executive Engineers (Zonal, i.e., in so far as Zone-IV is concerned and integrated) prepared as per the length of service by Proceedings No.8844/CS1/2020, dated 30.11.2020 issued by the 1st Respondent instead of preparing as per Rules 33, 33(b, proviso to Rule 33(b) and 34 of A.P. State and Subordinate Service Rules is concerned, as arbitrary, illegal, discriminatory, malafide, unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and contrary to Rules 33, 33(b), proviso to Rule 33(b) and 34 of A.P. State Subordinate Service Rules and issue consequential direction directing the Respondents to forthwith review the final seniority list of Deputy Executive Engineers (Zonal i.e., in so far as Zone-IV is concerned and integrated) issued in Proceedings No.8844/CS1/2020, dated 30.11.2020 in terms of
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
Promotion decisions must adhere to established seniority lists to avoid arbitrary actions violating principles of natural justice.
Seniority in public service must be determined by the appointing authority's order of merit, and any violation of statutory rules renders the seniority list arbitrary.
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.
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
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.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
Seniority once settled cannot be unsettled after a long delay, and an order given in ignorance of the terms of a Statute or a rule having the force of Statute is per incuriam.
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