Seniority in public service must be determined by the appointing authority's order of merit, and any violation of statutory rules renders the seniority list arbitrary.

ORDER :

W.P. (TR) No.6273 of 2017

In this Writ Petition (TR), the petitioner has challenged the Memo No.G/10569/2015 dt.17.08.2016 being the final seniority list of Lecturers in Chemical Engineering working in the Government Polytechnics, Telangana for the panel year 2015-16 issued by the 2^nd respondent, in which the petitioner’s objection to the provisional seniority list placing the 3^rd respondent above the petitioner herein has been rejected, as illegal and arbitrary. Subsequent to the filing of O.A.No.3246 of 2016 before the A.P. Administrative Tribunal, respondents 1 and 2 have issued the proceedings dt.28.12.2020 reiterating their stand of final seniority list dt.17.08.2016. Therefore, the petitioner has filed I.A.No.1 of 2021 for amendment of the prayer and this Court, vide orders dt.14.11.2024, has allowed the said Application. Therefore, in this Writ Petition, the challenge is to both the final seniority lists published on 17.08.2016 and also dated 28.12.2020.

2. Brief facts leading to the filing of the present Writ Petition (TR) are that the petitioner as well as the 3^rd respondent were selected to the posts of Lecturers in Chemical Engineering against roster point No.2 under SC (W) category and roster point No.4 under BC-A (W) category respectively and were posted in J.N.Government Polytechnic, Ramanthapur, Hyderabad, vide proceedings No.G4/27776/2000 dt.08.01.2001 with a direction to join duty on or before 07.02.2001 as per Rule 11(a) of the A.P. State and Subordinate Service Rules, 1996. The petitioner claims to have joined on 31.01.2001, while the 3^rd respondent has joined on 29.01.2001 and both of their services were regularised and they were declared as approved probationers within the time. Vide G.O.Ms.No.38 dt.01.04.2008, non-local persons including the 3^rd respondent were repatriated to their local area duly protecting their seniority in the cadre, but the 3^rd respondent was not only appointed in J.N.Government Polytechnic, Ramanthapur, Hyderabad, but her services were also regularised from the date of her initial appointment and therefore, the orders issued in G.O.Ms.No.38 dt.01.04.2008 do not have any effect to the service conditions of the 3^rd respondent. It is stated that vide Memo dt.21.08.2008, provisional seniority list of Lecturers in Chemical Engineering in Government Polytechnics in Zone-VI was communicated by the 2^nd respondent, in which the petitioner was shown at Sl.No.1 and the 3^rd respondent was shown at Sl.No.2 and vide another Memo dt.24.10.2008, another provisional seniority list of Lecturers in Chemical Engineering in Government Polytechnics in Zone –VI was again communicated, in which the petitioner was shown at Sl.No.1 and the 3^rd respondent was shown at Sl.No.2 and objections were called for. It is submitted that vide Circular Memo dt.27.04.2009, the 2^nd respondent communicated the final seniority list of Lecturers in Chemical Engineering in Government Polytechnics in Zone-VI and the petitioner was shown at Sl.No.1 and the 3^rd respondent was shown at Sl.No.2 and it was specifically mentioned that the 3^rd respondent has not submitted any objections to the said provisional seniority lists and the list of all the Lecturers working in all the Government Polytechnics was communicated to the Principals and requested to furnish information regarding qualifications, etc., for considering promotion to the post of Senior Lecturer. In the meantime, the Government issued orders in G.O.Ms.No.17, Higher Education (TE) Department, dt.17.06.2016 in which one Ms.N. Suryakumari, Senior Lecturer in Chemical Engineering, J.N.Government Polytechnic was promoted as Head of the Section with immediate effect and on promotion she was re-posted to J.N. Government Polytechnic, Ramanthapur, Hyderabad and therefore, one vacancy in the cadre of Senior Lecturer in Chemical Engineering arose in J.N.Government Polytechnic, Ramanthapur, Hyderabad.

3. It is submitted that vide Memo dt.25.06.2016, another provisional seniorit