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NAMAVARAPU RAJESHWAR RAO
K. Mamatha – Appellant
Versus
State of Telangana – Respondent
ORDER :
Namavarapu Rajeshwar Rao, J.
Since the issue raised in these writ petitions is one and the same, both the writ petitions are being disposed of by this common order.
W.P.No.11306 of 2019 is filed seeking the following relief:-
W.P.No.9803 of 2021 is filed seeking the following relief:-
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
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.
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 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.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
A list of approved candidates for appointment to the posts by promotion, by transfer and by recruitment by transfer shall be prepared annually and the crucial date on which the candidates should have....
The main legal point established is that seniority is a crucial factor even in merit promotions, and reservation under Article 16(4) of the Constitution is limited to initial appointments and does no....
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
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