Promotions without finalized seniority lists violate service rules.

ORDER:

This writ petition is filed declaring the action of the 2^nd respondent in issuing proceedings dated 15.03.2024 effecting promotions to the post of Panchayat Secretary Grade-II, as illegal, arbitrary and violative of principles of natural justice.

2. Heard the learned counsel for the petitioners; the learned Government Pleader appearing for respondent Nos.1 and 2; Sri Manoj Kumar Bethapudi, the learned counsel appearing for respondent Nos.3 to 17; Sri G.V.Shivaji, the learned counsel appearing for impleaded respondent Nos.18 to 22 and Sri Narra Srinivasa Rao, the learned counsel appearing for impleaded respondent Nos.23 to 37.

3. Initially, the writ petition was filed by 41 persons. Subsequently, vide order dated 20.12.2025, almost all the petitioners have withdrawn the writ petition, except petitioner Nos.1, 9, 10 and 16. On perusal of the affidavit, the main contention and grievance of the petitioners is that they were appointed as Panchayat Secretaries Grade-IV and subsequently, they were promoted to Grade-III in the year 2018 in Zone-III. Since Panchayat Secretary Grade-III is a District cadre post, the respondent authorities, without preparing the seniority list of Panchayat Secretaries Grade-III, straightaway issued the impugned proceedings on 15.03.2024 effecting promotions to the post of Panchayat Secretary Grade-II. On perusal of the affidavit and the grounds raised therein, the core contention raised by the petitioners is that without having final seniority list of Panchayat Secretaries Grade-III, the respondent authorities ought not to have effected the promotions to Panchayat Secretaries Grade-II, which is contrary to rules.

4. Based on the above contentions, the learned counsel appearing on behalf of the petitioners has mainly relied on the Andhra Pradesh Panchayat Raj Subordinate Service Rules (for short, „the Rules‟) framed in G.O.Ms.No.84, Panchayat Raj and Rural Development (Mdl.II) Department, dated 24.02.2010, wherein Panchayat Secretary Grade-II and Panchayat Secretary Grade-III were included in Class-A supervisory posts. The method of appointment and the appointing authority are read as below:

5. In the said Rules, Sl.No.3 pertains to the post of Panchayat Secretary Grade-III. The Annexure to the said G.O. describes that the post of Panchayat Secretary Grade-II shall be filled by promotion from the category of Panchayat Secretary Grade-III; by promotion from the category of Junior Assistants/Junior Assistant- cum-Bill Collectors of Gram Panchayats; appointment by transfer from the category of Junior Assistant of District Panchayat Officer/Divisional Panchayat Office units and by promotion from the category of Sanitary Inspector Grade-I. According to the Rules, candidates for appointment to the post of Panchayat Secretary Grade-IV must have passed the Accounts Test for Local Body Employees paper-I and II.

6. Based on the Rules, the authorities initially have prepared a separate seniority list. After finalizing the seniority list, based on the eligibility and qualifications prescribed in Annexure-I, the respondents authorities are required to prepare an eligibility list and only thereafter effect promotions to the post of Panchayat Secretary Grade-II. However, in the instant case, without following the said procedure and without finalizing the seniority list of Pachayat Secretaries Grade-III, the respondents have effected the promotions through the impugned order dated 15.03.2024. Hence, the same is contrary to the Rules.

7. Considering the material and submissions, this Court has passed