A candidate appointed to a post in a vacancy resulting from the withdrawal of a previous appointee's services is entitled to have their seniority counted 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 to PLEASED TO ISSUE A WRIST OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DECLARING SATHE 3RD RESPONDENT PROCEEDINGS RC.NO.A3/81/2020 DATED 27-06-2020, THEREBY REJECTOMG THE SENIORITY TO THE PETITIONER FROM THE YEAR 2012 IN THE CADRE OF VRA AS AND WHEN THE PETITIONER IS ELIGIBLE INSTEAD OF THE YEAR 2015 AND NOT CONSIDERING STHE PETITIONER FORVRO GRADE-II PLROMOTION IS ILLEGAL, ARBITRARY, DISCRIMINATION, UNJUST AND VIOLATION OF THE ARTICLE 14, 16 AND 21 OF THE CONSTITUTION OF INDIA AND CONSEQUENTLY DIRECT THE RESPONDENTS TO COUNT/FIX THE SENIORITY OF THE PETITIONER IN THE CADREOF VRA FROM THE YEAR 2012 AND INCLUDE THE PETITIONER NAME AT APPROPRIATE PLACE IN THE VRO PROMOTION LIST AND CONSIDER FOR PROMOTION TO THE POST OF VRO 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 DIRECT THE RESPONDENTS TO INCLUDE THE PETITIONER NAME AT APPROPRIATE PLACE IN THE VRO PROMOTION LIST BY COUNT THE SENIORITY O THE PETITIONER IN THE CADRE OF THE VRA FROM THE YEAR 2012 AND CONSIDER THE PETITIONER CLAIM FOR PROMOTION TO THE POST OF VRO OR ALTERNATIVE TOKEEP VACANT OF ONE POST OF VRO PENDING DISPOSAL OF THE WRIT PETITION AND PASS

The Court made the following:

ORDER:

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

“to issue a Writ Of Mandamus or any other appropriate writ or direction declaring the 3rd respondent proceedings Rc.No.A3/81/2020 dated 27.06.2020, thereby rejecting the seniority to the petitioner from the year 2012 in the cadre of VRA as and when the petitioner is eligible instead of the year 2015 and not considering the petitioner for VRO Grade-II promotion is illegal, arbitrary, discrimination, unjust and violation of the Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to count/fix the seniority of the petitioner in the cadre of VRA from the year 2012 and include the petitioner name at appropriate place in the VRO promotion list and consider for promotion to the post of VRO with all consequential benefits and pass such other order or orders.”

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

3. 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.7824 of 2012, wherein the Tribunal at the stage of admission passed an interim order dated 28.09.2012 suspending the G.O.Ms.No.502 dated 04.08.2012. Thereafter, in M.A.No.2597 of 2014 in O.A.No.7824 of 2012, following order dated 24.09.2014 was passed:

Pending disposal of the O.A., the respondents are directed to consider the case of applicant to the post of VRA Gajjalakonda village, Markapur Mandal, Prakasam District, as per the notification dated 07.12.2011 and the rules prevailing prior to the amendment that was carried out vide G.O.Ms.No.502, Revenue (VA) Department, dated 04.08.2012 as per her merit and eligibility.

4. Pursuant to the order of the Tribunal, the 4th respondent has given appointment order to the petitioner vide proceedings in Rc.No.D/256/2014 dated 24.02.2015. Pursuant to the same, the petitioner joined into the services. He further submits that the