CHALLA JAYA BHASKAR & ORS. versus THUNGATHURTHI SURENDER & ORS.

CHALLA JAYA BHASKAR & ORS. versus THUNGATHURTHI SURENDER & ORS.

Candidates who are transferred from non-teaching to teaching cadre upon acquiring the necessary post-graduate qualification are not entitled to have their prior service in the non-teaching cadre counted towards seniority in the teaching cadre. Seniority in the teaching cadre is to be reckoned only from the date of appointment as Assistant Professor (teaching cadre), as the qualifying requirements and recruitment rules differ between cadres.

Parties
Appellant: Challa Jaya Bhaskar & Ors.; Respondent: Thungathurthi Surender & Ors.
Jurisdiction
India
Judgment Date
19 October 2010
Procedural Posture
Civil Appeal / Appeal From High Court Decision and Writ Petition
Outcome
Appeals and writ petition allowed.
Legal Topics
Seniority Determination, Teaching and Non Teaching Cadre Separation, Direct Recruitment, Promotion
Service Law Seniority Determination Teaching and Non Teaching Cadre Separation Direct Recruitment Promotion

Case Brief

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Parties

Challa Jaya Bhaskar & Ors.

Appellant

Thungathurthi Surender & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision and Writ Petition

Legal Issues

  1. 1 Whether Civil Assistant Surgeons who transferred from non-teaching to teaching cadre after acquiring post-graduate qualification are entitled to count their previous non-teaching service towards seniority in the teaching cadre.

Ratio Decidendi

Candidates who are transferred from non-teaching to teaching cadre upon acquiring the necessary post-graduate qualification are not entitled to have their prior service in the non-teaching cadre counted towards seniority in the teaching cadre. Seniority in the teaching cadre is to be reckoned only from the date of appointment as Assistant Professor (teaching cadre), as the qualifying requirements and recruitment rules differ between cadres.

Court Disposition

Appeals and writ petition allowed.

Orders

  • The judgments and orders of the Andhra Pradesh Administrative Tribunal dated 10th March, 1998 in O.A. No.3599 of 1995 and connected matters are set aside.
  • G.O.Ms. No.502 dated 13th September, 2003 is set aside.