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K. MANMADHA RAO
J. Gopala Krishna – Appellant
Versus
State of Andhra Pradesh – Respondent
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 and identical, therefore WP No.25472 of 2021 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
4. Brief facts of the case are that, the main dispute in this WP No.24572 of 2021 is about seniority between two groups of Assistant Executive Engineers (AEEs) of the Panchayat Raj Engineering Service of the Andhra Pradesh Panchayat Raj Department. The petitioners herein represent the group of Engineering Graduates, who were drafted by the Employment Exchange on the question of the Government for appointment to the post of AEE. They were first appointed as Work Inspectors in the year 1991 and later appointed as AEEs in the year 1994 and their service
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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