Adhoc promotions do not confer seniority rights until requisite qualifications are met, and failure to timely challenge regularization conditions undermines claims for seniority.

ORDER :

(PULLA KARTHIK, J.)

Since the lis involved in all these writ petitions is inter se related with each other, they are taken up together and being disposed of by this common order.

2) Heard Sri D.Bala Kishan Rao, learned counsel for the petitioners in W.P.Nos.28040 of 2023, 27064 and 28764 of 2024 and learned Government Pleader for Services-I appearing for the respondent authorities. In spite of service of notice on respondent No.6 in W.P.No.28040 of 2023, none appeared on her behalf.

3) Aggrieved by the action of respondent No.3 in issuing the seniority list dated 21.09.2024 duly counting the seniority of the petitioners from the date of passing of Survey Training Test instead from the date of promotion, W.P.Nos.28040 of 2023 and 27064 and 28764 of 2024 are filed.

4) The case of the petitioners in W.P.No.28040 of 2023 is that originally they were appointed as Junior Assistants on 01.07.2013 after due selection through Group-IV Services and allotted to erstwhile Mahabubnagar District. Thereafter, they were promoted to the post of Senior Assistants vide Proc.No.A2/2945/2016, dated 10.10.2016, with a precondition to pass the Survey Training within one year. Accordingly, they joined in the said posts and are working as such. Thereafter, they were deputed to Survey Training held between 28.12.2016 to 07.02.2017 in second spell and accordingly they have completed the training within the period of probation. However, their services were regularized in the post of Senior Assistant from the date of completion of survey training i.e. 13.06.2017 vide Proc.No.A1/672/2016, dated 19.06.2017, instead from the date of their promotion to the said post on 10.10.2016, which is clearly illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India. It is further submitted that after creation of new Districts, the services of the petitioners were taken over to the control of O/o. Collectorate, Rangareddy District. While so, the provisional seniority list in the cadre of Senior Assistant dated 30.06.2023 was communicated by respondent No.3 wherein the names of petitioner were included at Sl.Nos.36, 38 and 40 respectively. But, based on the objections raised by some of the employees, the official respondents have issued the final seniority list of Senior Assistants working in Ranga Reddy District vide Lr.No.A1/2328/2023, dated 05.09.2023, pushing down the names of the petitioners to Sl.Nos.78, 79 and 80 duly taking the date of passing the survey training test, which is illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India.

4.1) Similarly, the case of the petitioners in W.P.No.27064 of 2024 is that they were originally appointed as Junior Assistants in erstwhile Medak District during the year 2013 and thereafter they have passed Revenue Test Part I, II and III, Accounts Test for Subordinate Officers Part-I. It is further submitted that based on the promotions given by the District Collector, Mahabubnagar, to several Junior Assistants who have completed three years services, passed Revenue and Accounts Tests, but could not complete Survey Training, to the cadre of Senior Assistants, petitioners herein have also made representation dated 09.05.2017 to consider their case for promotion to the post of Senior Assistant. Considering the same, respondent No.3 issued Proc.No.A2/708/2017, dated 18.05.2017, promoting these petitioners temporarily to the cadre of Senior Assistants with a precondition to pass the Survey Training Test within one year. Accordingly, they are working as Senior Assistants. Thereafter, they were deputed to Survey Training held between 28.12.2016 to 07.02.2017 in the second spell and they have completed the same within the period of probation. Consequently, respondent No.3 has issued Proc.No.A2/708/2017, dated 04.07.2017 revoking the condition and regularizing their services in the post of Senior Assistant w.e.f.04.07.2017 instead from the date of their promoti