Point of law: The Seniority of a member of a service who is re-appointed after having been retrenched, owing to reduction of staff as a measure of economy, shall be determined in accordance with the date of such re-appointment.

ORDER :

P.Naveen Rao, J.

1. This writ petition is filed seeking the following relief :

“… to issue an appropriate writ order or direction more particular one in the nature of “Writ Certiorari” calling for the records relating to and connect the order in O.No.5832/2005 dt.21.06.2007 on the file of Hon’ble Andhra Pradesh Administrative Tribunal at Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law and to pass such other order/orders which are deemed fit and proper in the circumstances of the case.”

2. I.A.No.2 of 2021 is filed to vacate the interim order and I.A.No.1 of 2021 is filed to expedite the hearing. With consent of both parties, we have taken up the writ petition for hearing.

3. O.A.No.5832 of 2005 is instituted before the Andhra Pradesh Administrative Tribunal (for short ‘the Tribunal’) by three Physical Education Teachers complaining that contrary to the merit secured by them in the direct recruitment, they were shown below the less meritorious candidates by drawing up seniority list following the roster system for provision of reservation in recruitment. They prayed the Tribunal to direct the respondents to set aside promotion list issued on 06.08.2005 placing the applicants below the less meritorious candidates in DSC-2001 selections and consequently to direct the respondents to prepare fresh chart of promotion for counselling to the post of P.D Grade II from P.E.Ts on the basis of merit-cum-seniority by including the names of the applicants as per the ranking in DSC-2001.

4. On elaborate consideration of the rival claims and following the precedent decisions, the Tribunal allowed the O.A., setting aside the proceedings dated 06.08.2005, and declared that as held by the Hon’ble Supreme Court, the seniority cannot be fixed in terms of roster points and to be determined based on the merit secured by the candidates and directed to review the promotions in accordance with the judgment of the Hon’ble Supreme Court referred to therein, as well as directions issued by the Tribunal in O.A.No.2754 of 2001. Aggrieved by the said decision of Tribunal, the State is before this Court.

5. When the matter was taken up for consideration, the Court was informed that W.P.No.1684 of 2008 is filed by the State concerning the same issue and the Court granted interim order. In view thereof, interim suspension was also granted in the present writ petition.

6. We have heard learned Assistant Government Pleader for Services-I appearing for the petitioners and Sri Pratap Narayan Sanghi learned Senior Counsel representing Sri Aadesh Narayan Sanghi, learned counsel appearing for the respondents 1 to 3.

7. As the issue agitated in the writ petition is covered by several decisions of the Hon’ble Supreme Court and this Court, it need not detain this Court further.

8. It is not in dispute that respondents herein secured higher merit and therefore, they were selected against open competition vacancies at Sl.Nos.21, 22 and 25 though they belong to BC-D (respondents 1 and 3) and BC-A (respondent No.2) category. While determining the seniority, instead of following the merit secured in DSC-2001 selections, they were assigned lower placement in the seniority list by drawing up the seniority in accordance with the roster points.

9. Recruitment to public employment is based on merit secured in the recruitment examination, general/over all merit and merit within a social group/reservation category. Certain percentage of posts in public employment are reserved to be filled in favour of various social groups. Percentage of reservation to various social groups varies. To enforce compliance of reservation to various social groups 100 point roster is determined and reservation slots are prescribed. It is a running roster. Irrespective of social status of a person, if he secures higher merit and comes up within the open competition slots, he will be shown against such slots and less meritorious, falling below open competition merit wi