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IN THE HIGH COURT OF TELANGANA
T.MADHAVI DEVI
B.Vijaya Lakshmi – Appellant
Versus
Navin Mittal IAS – Respondent
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 2nd respondent, in which the petitioner’s objection to the provisional seniority list placing the 3rd 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 3rd respondent were selected to the posts of Lecturers in Chemical Engineering against roster point No.2 unde
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.
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
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 established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
Seniority for transferred employees is determined by the date of joining in the new department, not by prior seniority in the former position.
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.
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.
The main legal point established in the judgment is the principle of not unsettling long-standing seniority and the importance of timely challenges to seniority.
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