Back
K. MANMADHA RAO
Y. Hema Durgamba – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition for relief under article 226. (Para 1 , 2) |
| 2. background of employee promotions and claims. (Para 3 , 4) |
| 3. arguments concerning violation of natural justice. (Para 5 , 6 , 10 , 11) |
| 4. court observations on principles of justice. (Para 12 , 13 , 14 , 15) |
| 5. final verdict and dismissal of the writ. (Para 17 , 18) |
JUDGMENT / ORDER :
This writ petition is filed under Article 226 of the Constitution of India, for the following relief :
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
Established seniority lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
The court upheld that seniority in public service must be determined based on merit and established rules, allowing for revisions when discrepancies are identified.
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.
G.O.Ms.Nos.880 and 881, which conferred seniority benefits to respondent Nos.3 and 4 from the date of their joining in the Department, were invalid and contrary to the statutory rules, the orders pas....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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
