The court directed the administrative authority to consider a representation for the revision of a seniority list by determining the correct date of completion of probation in accordance with government clarifications and law.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider the petitioner’s representation dated 17.04.2026 and consequently revise the seniority list issued by the 1st respondent dated 10.03.2026 relating to the category of Assistant/ Village Welfare officer (Level I)/Accountant as on 01.01.2026 by placing the petitioner’s name between Serial No.26 and Serial No.27 based on the petitioner’s date of completion of probation on 14.08.2020 and consequently pass appropriate orders within a time frame as may be fixed by this Court and pass orders.

ORDER

The writ petition has been filed seeking the following relief :

“ To direct the respondents herein to consider the petitioner’s representation dated 17.04.2026 and consequently revise the seniority list issued by the 1st respondent dated 10.03.2026 relating to the category of Assistant/ Village Welfare officer (Level I)/Accountant as on 01.01.2026 by placing the petitioner’s name between Serial No.26 and Serial No.27 based on the petitioner’s date of completion of probation on 14.08.2020 and consequently pass appropriate orders within a time frame.”

2. The petitioner who is now working as Accountant (Project), Union Panchayat, Annagramam, had joined the Government service as Panchayat Secretary. While serving as Panchayat Secretary, the petitioner had passed the departmental examination under the old system on 16.08.2007. Thereafter, he was promoted to the post of Junior Assistant on 14.08.2018 and his services were regularised on 16.08.2018. Subsequently, the petitioner had also had passed the departmental examination under the new system on 27.09.2021. The petitioner would submit that vide proceedings dated 17.02.2026, the Government had brought in certain clarifications in G.O.Ms.No.33 Personnel and Administrative Reforms (M) Department dated 02.03.2017, in and by which, it declared that the Government Servants who have passed the departmental examination under the old scheme before 2017, are deemed to have completed the probation, on completion of two years from the date of their promotion / transfer as Junior Assistant, after 2017. Therefore, the petitioner would submit that he being promoted to the post of Junior Assistant on 14.08.2018, and in view of the above clarification, he ought to have been declared to have completed his probation period on 14.08.2020. However, the respondents, by taking into account the departmental examination passed by the petitioner under the new scheme, had wrongly declared that the petitioner had completed his probation period only on 21.02.2021 and not on 14.08.2020. This has an adverse effect in fixing his seniority and he has been placed at Sl.No.50 in the seniority list dated 10.03.2026 issued by the 1st respondent relating to the cadre of Assistant / Village Welfare Officer (Level-1) / Accountant. According to the petitioner, based on his completion period of probation on 14.08.2020, he should be placed between Sl.No.26 and Sl.No.27 of the said list. In this regard, the petitioner had submitted his representation on 17.04.2026 to the respondents to revise his seniority. Since there is no response from the respondents, the petitioner is before his Court.

3. Heard the learned counsel on either side and also perused the materials placed on record.

4. Taking into account the plea of the petitioner, a mandamus is issued to the respondents to consider the representation of the petitioner dated 17.04.2026, with respect to revising his seniority list by following the due procedure in law and pass speaking orders within a period of six weeks from the date of receipt of a copy of this ord