P. RAMMOHAN RAO versus K. SRINIVAS AND ORS. ETC.

P. RAMMOHAN RAO versus K. SRINIVAS AND ORS. ETC.

The appellants’ uninterrupted officiating service from 1990 until regularisation in 2005 falls under Proposition (B) of Direct Recruit Class II Engg. Officers’ Association and therefore must be counted for seniority; the State was within its rule-making power to issue G.O.M. No.262 (17.06.2006) modifying G.O.M. No.234 and functus officio does not bar such executive reconsideration; prior hearing of all affected regular appointees was not required for this policy decision. Consequently the appellants are entitled to seniority above the 1997 APPSC-selected batch and the High Court order quashing G.O.M. No.262 is set aside.

Parties
Appellant: P. Rammohan Rao; Respondent: K. Srinivas and Ors.
Jurisdiction
India
Judgment Date
13 February 2025
Procedural Posture
Civil Appeal / Final Judgment and Order on Appeal From High Court Decision
Outcome
Appeal allowed; impugned High Court judgment quashed and set aside
Legal Topics
Seniority, Counting of Officiating Service, Regularisation of Service, Functus Officio, Natural Justice, Rule Making Power
Service Law Administrative Law Constitutional Law Seniority Counting of Officiating Service Regularisation of Service Functus Officio Natural Justice +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

P. Rammohan Rao

Appellant

K. Srinivas and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment and Order on Appeal From High Court Decision

Legal Issues

  1. 1 Whether the period of officiating service of temporarily appointed AEEs between 1990-1992 should be counted for seniority over the 1997 batch appointed through APPSC
  2. 2 Whether the State Government could modify an earlier G.O.M. by issuing a revised G.O.M. in light of functus officio
  3. 3 Whether affected regular appointees were entitled to a hearing before issuance of the revised G.O.M.

Ratio Decidendi

The appellants’ uninterrupted officiating service from 1990 until regularisation in 2005 falls under Proposition (B) of Direct Recruit Class II Engg. Officers’ Association and therefore must be counted for seniority; the State was within its rule-making power to issue G.O.M. No.262 (17.06.2006) modifying G.O.M. No.234 and functus officio does not bar such executive reconsideration; prior hearing of all affected regular appointees was not required for this policy decision. Consequently the appellants are entitled to seniority above the 1997 APPSC-selected batch and the High Court order quashing G.O.M. No.262 is set aside.

Court Disposition

Appeal allowed; impugned High Court judgment quashed and set aside

Orders

  • Impugned judgment and order dated 21 September 2023 of the High Court quashed and set aside
  • G.O.M. No. 262 dated 17 June 2006 upheld and the period of officiating service 1990-2005 to be counted for determining seniority