P. SRINIVAS versus M. RADHAKRISHNA MURTHY AND ORS.

P. SRINIVAS versus M. RADHAKRISHNA MURTHY AND ORS.

The State Government had the enabling power to grant extension of joining time, not in derogation of the State Service Commission's powers, as per GO.Ms. 822 and in the absence of statutory proscription. Since the appellant joined within the extended time, had consistently been shown senior to Respondent No. 1 for over a decade, and the respondent did not challenge the seniority all along, it is not open to permit such challenge after delay and laches. Thus, appellant's seniority by merit ranking is to be maintained.

Parties
Appellant: P. Srinivas; Respondent No.1: M. Radhakrishna Murthy; Respondents: Others
Jurisdiction
India
Judgment Date
30 January 2004
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 22.11.2002 of the Andhra Pradesh High Court in W.p. No. 25433 of 2001
Outcome
Appeal allowed
Legal Topics
Seniority, Extension of Joining Time, Power to Grant Extension, Seniority List Challenge, Delay and Laches
Service Law Seniority Extension of Joining Time Power to Grant Extension Seniority List Challenge Delay and Laches

Case Brief

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Parties

P. Srinivas

Appellant

M. Radhakrishna Murthy

Respondent No.1

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 22.11.2002 of the Andhra Pradesh High Court in W.p. No. 25433 of 2001

Legal Issues

  1. 1 Whether the State Government had the power to grant extension of joining time for a selected candidate when such power was delegated to the State Service Commission
  2. 2 Whether a belated challenge to seniority can be entertained after acceptance for over a decade

Ratio Decidendi

The State Government had the enabling power to grant extension of joining time, not in derogation of the State Service Commission's powers, as per GO.Ms. 822 and in the absence of statutory proscription. Since the appellant joined within the extended time, had consistently been shown senior to Respondent No. 1 for over a decade, and the respondent did not challenge the seniority all along, it is not open to permit such challenge after delay and laches. Thus, appellant's seniority by merit ranking is to be maintained.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Tribunal's decision restored in favour of the appellant