Back
IN THE HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA
G Venkateshwarulu – Appellant
Versus
State Of TG PRL.SCY Finance Hyd – Respondent
ORDER :
NAGESH BHEEMAPAKA, J.
The 2nd respondent - Directorate of Insurance issued proceedings dated 08.09.2016, impugned in this Writ Petition, whereby and whereunder the services of petitioner – Senior Assistant , District Insurance Office, Khammam (Zone- V) have been regularized in the category of Senior Account with effect from 07.09.2010 and placed on probation for a period of two years on duty within a continuous period of three years with instructions to pass the requisite departmental tests during the period of probation. It is stated that petitioner completed two years or probation by 06.09.2012 but he could not pass the requisite departmental tests during the said two year period, as such after obtaining explanation from the individual, probation was extended for a period with effect from 07.09.2012 in terms of General Rule 17(b) of Telangana State and Subordinate Service Rules, 1996. The said extended period of probation has also been completed by 06.09.2013, however, petitioner acquired departmental tests by 10.02.2014 i.e. beyond five months after the extended period of probation. Therefore, his case has been referred to the government which advised to take action as per
The court ruled that delays in passing departmental tests due to external factors should not affect the seniority of the petitioner, emphasizing adherence to principles of natural justice.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
Promotions and seniority must strictly conform to service regulations, particularly concerning departmental test qualifications, to maintain organizational integrity and prevent arbitrary favoritism ....
Probation periods are contingent upon successful completion of required examinations; administrative delays do not invalidate probation declarations.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
Alteration of regularization dates after significant delay and without notice violates principles of natural justice, rendering such actions arbitrary and illegal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
