M.S.S.S. Venkata Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 9295 AP

 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No. 20285 of 2021

ORDER:

This writ petition is filed to declare the action of the respondents

in not restoring the seniority of the petitioners from the date of their

original appointment on par with the petitioners in W.P.No.17033 of

2013 whose seniority has been restored with effect from the original

date of appointment by the 2nd respondent vide Circular Memo dated

17.06.2019, as illegal and arbitrary.

2. Heard learned counsel for the petitioners and learned

Government Pleader for Services-II appearing for the respondents.

3. In brief, the case of the petitioners is that the petitioners were

selected for the post of Assistant Executive Engineer on 08.03.1991 and

they were allotted to Zone-I and since then they have been working as

Assistant Executive Engineers in R & B Department in Zone-I. While

so, their services were terminated by an order dated 31.03.1992 on the

ground that their appointment was made purely on temporary basis

subject to allotment of candidates through APPSC. Assailing the same,

the petitioners filed O.A.No.2027 of 1992 and batch before the A.P.

Administrative Tribunal at Hyderabad. By an interim order, the

NV,J W.P.No.20285 of 2021

Tribunal directed the respondents herein to continue the services of the

petitioners if there were other vacancies available in the Department and

if no regular candidate was selected by the APPSC from out of the

panel. Subsequently, the Tribunal disposed of the batch of O.As by an

order dated 29.12.1999 directing the respondents to consider the case of

the petitioners for regularization of their services in view of long

number of years of service from the date of their appointment.

i) Despite the final orders passed by the Tribunal in the batch of

O.As, the respondents did not regularize the services of the petitioners

with effect from the original date of appointment. While so, some

candidates similarly situated to the petitioners herein approached this

Court by filing W.P.No.13845 of 2000 seeking for implementation of

the final orders passed by the Tribunal in the batch of O.As and the said

writ petition was allowed on 26.12.2000 and accordingly, the services of

the petitioners were regularized by issuing individual orders w.e.f.

29.03.2021, by issuing G.O.Ms.No.362 dated 16.08.2002.

ii) Subsequently, the respondents issued a provisional seniority list

of AEEs of Zone-I dated 20.06.2009, for which the petitioners submitted

objections on 05.07.2009 stating that they are in continuous service

without any break period from the date of initial appointment i.e., from

NV,J W.P.No.20285 of 2021

08.03.1991 and therefore, placing them after one K. Madhusudhana Rao

at Sl.No.93 (2001 appointee) onwards respectively, is totally illegal and

unjustified and requested to place them above one P.Venkata Prasanna

who was placed at Sl.No.49 (1992 appointee) in the provisional

seniority list. However, without properly considering the objections

raised by the petitioners, the respondents issued final seniority list of

AEEs of Zone-I on 04.12.2009 wherein the petitioners' names were

shown at Sl.Nos.93, 94, 95, 100, 101, 105 and 106 respectively. Then,

the petitioners submitted representations to the 2nd respondent to review

the seniority list by counting their services from 1991, but the

respondents did not choose to pass any orders.

iii) Some AEEs of 1991 batch approached the A.P. Administrative

Tribunal by filing O.A.No.9419 of 2019 seeking for restoration of their

seniority from the date of original appointment in terms of Rule 33 (a)

of the A.P. State Subordinate Service Rules and the O.A. was dismissed

on 12.02.2013. Challenging the same, they filed W.P.No.17033 of 2013

before the then combined High Court of Andhra Pradesh at Hyderabad

and a Division of the then combined High Court of Andhra Pradesh

disposed of the writ petition on 13.07.2017, while duly placing its

reliance on the decision of the Hon'ble Supreme Court in D. Vishnu

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Murthy Vs. Government of A.P.1, directed the respondents to issue a

fresh seniority list qua the petitioners from their initial date of

appointment and accordingly, the respondents revised the seniority of

1991 batch AEEs and the said revision was restricted to the petitioners

in W.P.No.17033 of 2013 only. Though the petitioners herein stood on

the same line, they were simply ignored on the ground that they are not

parties to the above writ petition.

4. The respondents filed a counter affidavit wherein it is stated that

the temporary appointments of the petitioners do not confer any right on

the individuals so appointed as AEEs for continuance or for regular

appointment and the appointments are terminable without notice at any

time without assigning any reasons. Further, the petitioners are having

break period from their date of initial appointment. After issuing the

final seniority list, the petitioners neither made a representation before

the appellate authority for reviewing the seniority nor challenged the

seniority list.

5. Learned counsel for the petitioners would submit that the issue

raised in the instant petition has already been dealt with by the Hon'ble

2016 Law Suit (SC) 417

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Supreme Court in D.Vishnu Murthy (1 supra) and the same is not

disputed by the learned Government Pleader.

6. In view of the judgment rendered by the Hon'ble Supreme Court

referred to supra, the respondents are directed to issue a fresh seniority

list qua the petitioners from their initial date of appointment.

7. With the above direction, the Writ Petition is disposed of. No

order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the

writ petition shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J 5th December, 2022 cbs

NV,J W.P.No.20285 of 2021

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No.20285 of 2021

5th December, 2022 cbs