K. JAGANNADHA RAO versus STATE OF ANDHRA PRADESH & OTHERS

K. JAGANNADHA RAO versus STATE OF ANDHRA PRADESH & OTHERS

Rule 3(d) is valid as there is nothing arbitrary or absurd in granting credit for past service in category III when fixing seniority in category II since both are state services of equal status. Fixing policy on such credit is within governmental competence and is not discriminatory or violative of Article 16.

Parties
Appellant: K. Jagannadha Rao; Respondents: State of Andhra Pradesh & Others
Jurisdiction
India
Judgment Date
23 July 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From a High Court Division Bench Decision
Outcome
Appeal allowed; decision of Division Bench set aside; single judge's dismissal of writ petition restored.
Legal Topics
Seniority Rules, Promotion and Appointment, Equality Under the Constitution
Service Law Constitutional Law Seniority Rules Promotion and Appointment Equality Under the Constitution

Case Brief

Summary, issues, holding and outcome

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Parties

K. Jagannadha Rao

Appellant

State of Andhra Pradesh & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From a High Court Division Bench Decision

Legal Issues

  1. 1 Whether Rule 3(d) of the Andhra Pradesh Police Service Rules, 1966, is discriminatory and violative of Article 16 of the Constitution regarding principles of equality in service seniority.

Ratio Decidendi

Rule 3(d) is valid as there is nothing arbitrary or absurd in granting credit for past service in category III when fixing seniority in category II since both are state services of equal status. Fixing policy on such credit is within governmental competence and is not discriminatory or violative of Article 16.

Court Disposition

Appeal allowed; decision of Division Bench set aside; single judge's dismissal of writ petition restored.

Orders

  • Division Bench decision is set aside.
  • Single Judge's order dismissing the writ petition is restored.