A candidate appointed to a vacancy created by the withdrawal of a previous appointee is entitled to seniority from the date the previous appointee originally joined the service.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of mandamus or any other appropriate Writ or direction declaring the action of the respondents in not given the seniority to the petitioner from 09.08.2012 instead of 29.06.2014 in the cadre of VRA and not consider his promotion as VRO while giving promotions to his juniors is illegal, arbitrary and unjust and violation of the Article 16 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of VRO b takin the seniority from the date i.e., 09-08-2012 instead of 29-06- 2014 in the cadre of Village Revenue Assistant, with all consequential benefits and pass

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the seniority of the petitioner in the cadre of VRA from 09.08.2012 by considering the case of the petitioner for promotion to the post of VRO in the existing vacancies pending disposal of the Writ Petition and pass

The Court made the following:

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not given the seniority to the petitioner from 09.08.2012 instead of 29.06.2014 in the cadre of VRA and not consider her promotion as VRO while giving promotions to his juniors is illegal, arbitrary and unjust and violation of the Article 16 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of VRO by taking the seniority from the date i.e., 09.08.2012 instead of 29.06.2014 in the cadre of Village Revenue Assistant, with all consequential benefits and to pass such other order or orders.”

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

Learned counsel for the petitioner submits that the petitioner applied to the post of Village Revenue Assistant in pursuance of the notification dated 07.12.2011 which specifies that the candidates shall be the natives of the revenue village, for which the recruitment is notified. Subsequently, there was an amendment to the said notification vide G.O.Ms.No.502 dated 04.08.2012 by which the candidates who are not natives of the revenue village are also eligible for the post. Challenging the same, the petitioner approached the Andhra Pradesh Administrative Tribunal at Hyderabad by way of O.A.No.793 of 2014, wherein the Tribunal at the stage of admission passed an interim order dated 10.02.2014 suspending the G.O.Ms.No.502 dated 04.08.2012. Further, the respondents are also directed to complete the selection process with regard to filling up of the post of VRA in Papinenipalli Village as per the notification dated 07.12.2011 and rules prevailing prior to the amendment carried out vide G.O.Ms.No.502 dated 04.08.2012. Thereafter, on 13.04.2014 the Tribunal passed a final order. Pursuant to the order of the Tribunal, the 4th respondent has given appointment order to the petitioner vide proceedings dated 26.06.2014. In view of the said proceedings, the 5th respondent also issued posting orders dated 28.06.2014. Pursuant to the same, the petitioner joined into the services. He further submits that the respondents, by considering the date of appointment of the petitioner as 26.06.2014, ignoring the original date of selection on par with others have prepared provisional seniority list which is now impugned before this Court.

Learned Government Pleader for the respondents submits that the services of one Mr.Jonnalagadda Naga Lingaiah, S/o.Guravaiah, who was appointed