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K. MANMADHA RAO
J. Gopala Krishna – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. dispute on seniority of assistant executive engineers. (Para 2 , 3 , 4) |
| 2. court issued interim order preserving status quo. (Para 5 , 6) |
| 3. counter-arguments to claims of petitioners. (Para 9 , 10 , 12) |
| 4. court's observations reflect impacts of inconsistent government policies. (Para 11) |
| 5. arguments on legality of g.o. ms. no.71. (Para 14 , 22) |
| 6. legal procedures for modifying seniority of appointed staff needs judicial review. (Para 15 , 20 , 24) |
| 7. principle of seniority based on appointment date. (Para 18 , 19) |
| 8. final judgment to set aside g.o. ms. no.71. (Para 29 , 30 , 32 , 46 , 48) |
| 9. court maintains orders in favor of equity for affected temporary aees. (Para 47) |
JUDGMENT
As the issue involved in all the writ petitions is one and the same, and therefore, they are being taken up for hearing as well as disposed of by way of this common order.
2. The main grievance of the petitioners in all these writ petitions is for declaring the G.O. Ms. No.71, Panchayat Raj and Rural Development Department, dated 05.10.2021, issued by the 1st respondent, as illegal and arbitrary and consequently to set aside the said G.O.
3. Since the facts in all the writ petitions are similar
The government cannot alter established seniority rights or conditions of service without due process and must adhere to principles of natural justice.
The period of officiating service of temporary AEEs appointed between 1990-1992 must be counted for seniority, entitling them to be placed above the 1997 batch of regularly appointed candidates.
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 main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
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.
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 is to be counted from date of substantive appointment and substantive appointment means, an appointment, not being an ad hoc appointment, on a post in cadre of service, made after selection....
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