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P. MADHAVI DEVI
Telangana Electricity OC Employees Welfare Association, Hyderabad – Appellant
Versus
State of Telangana – Respondent
ORDER :
P. Madhavi Devi, J.
1. This writ petition has been filed by the petitioner seeking a writ of mandamus declaring the action of the respondent Nos. 3 to 6 in implementing the rule of merit-cum-seniority for its employees working from 2009 onwards as illegal, arbitrary and in violation of Rules 26(a) and 3-A of APSEB Service Regulations and in violation of judgments of the Hon'ble Apex Court and in violation of Article 14 of the Constitution of India and consequently to direct the respondent Nos. 3 to 6 to extend the benefit of rule of merit- cum-seniority to all its employees since 1986, under direct recruitment, duly revising the seniority list and promotions given to the candidates under reservation. category, who filled the backlog vacancies, having been selected under common notification for all classes and pass any other order or orders as deems fit and proper in the circumstances of the case.
2. When the matter is taken up for hearing the respondents have taken a preliminary objection about the maintainability of the writ petition on the ground that the petitioner is not an individual aggrieved by the decision of the respondents, but is an association of employees and ther
In a contempt jurisdiction, court will not travel beyond original judgment and direction, neither would it be permissible for court to issue any supplementary or incidental directions, which are not ....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
Revisions to seniority lists in public service must comply with established legal principles regarding merit and prior judicial directives, preserving previously established ranks unless lawfully cha....
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.
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.
Challenges to seniority fixation rejected as time-barred after long delay despite publication; constructive res judicata from prior identical OA applies; settled positions not disturbed to protect ac....
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
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