SANTOSH KUMAR versus STATE OF ANDHRA PRADESH AND ORS.

SANTOSH KUMAR versus STATE OF ANDHRA PRADESH AND ORS.

Once services of promotees are regularized in the promotee quota from the date of temporary appointment, and the appointments are made by valid relaxation under Rule 47, direct recruits cannot claim grievance on seniority, and retrospective regularization is valid.

Parties
Appellant: Santosh Kumar; Respondents: State of Andhra Pradesh and Ors.; Appellant: S.U.K. Sagar; Appellant: G. Ramakrishna Prasad; Appellant: J.R. Manohar Rao; Respondent: A.D.N. Rao; Respondent: A.P. Jyotish; Respondent: Amar Jyothi Shanna; State of A.p.: G. Prabhakar; State of A.p.: Ms. T. Anamika
Jurisdiction
India
Judgment Date
22 May 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Andhra Pradesh High Court Decision
Outcome
Appeal dismissed
Legal Topics
Promotion, Recruitment Rules, Seniority, Regularization, Relaxation of Rules
Service Law Promotion Recruitment Rules Seniority Regularization Relaxation of Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Santosh Kumar

Appellant

State of Andhra Pradesh and Ors.

Respondents

S.U.K. Sagar

Appellant

G. Ramakrishna Prasad

Appellant

J.R. Manohar Rao

Appellant

A.D.N. Rao

Respondent

A.P. Jyotish

Respondent

Amar Jyothi Shanna

Respondent

G. Prabhakar

State of A.p.

Ms. T. Anamika

State of A.p.

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Andhra Pradesh High Court Decision

Legal Issues

  1. 1 Whether the relaxation of recruitment rules with retrospective effect and regularization of promotees' services from the date of temporary appointment is valid.
  2. 2 Whether direct recruits can claim seniority over promotees whose services were regularized retrospectively.

Ratio Decidendi

Once services of promotees are regularized in the promotee quota from the date of temporary appointment, and the appointments are made by valid relaxation under Rule 47, direct recruits cannot claim grievance on seniority, and retrospective regularization is valid.

Court Disposition

Appeal dismissed

Orders

  • No costs imposed.