M. NIRMALA & ORS. versus STATE OF ANDHRA PRADESH & ORS.

M. NIRMALA & ORS. versus STATE OF ANDHRA PRADESH & ORS.

Temporary employees appointed on a stop-gap basis and exempted from qualifying examinations cannot claim seniority from dates of their appointments after April 1974. Seniority must be computed from dates of regular appointments made through the Public Service Commission qualifying test, as upheld by the Administrative Tribunal and supported by General Rule 33(a) and G.O.Ms. No. 647.

Parties
Petitioner: M. Nirmala; Respondent: State of Andhra Pradesh; Petitioner: K.R. Chaudhary; Petitioner: Miss Malini Poduval; Petitioner: Miss R. George; Respondent: M.K. Ramamurthy; Respondent: T.V.S.N. Chari; Respondent: Miss V. Grover; Respondent: A. Subba Rao
Jurisdiction
India
Judgment Date
08 August 1986
Procedural Posture
Writ Petition and Civil Appeal / Final Judgment
Outcome
Petition and appeal dismissed
Legal Topics
Seniority Computation, Regularisation of Temporary Employees, Service Commission Appointments, Exemption From Qualifying Examination
Administrative Law Service Law Seniority Computation Regularisation of Temporary Employees Service Commission Appointments Exemption From Qualifying Examination

Case Brief

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Parties

M. Nirmala

Petitioner

State of Andhra Pradesh

Respondent

K.R. Chaudhary

Petitioner

Miss Malini Poduval

Petitioner

Miss R. George

Petitioner

M.K. Ramamurthy

Respondent

T.V.S.N. Chari

Respondent

Miss V. Grover

Respondent

A. Subba Rao

Respondent

Procedural Posture

Writ Petition and Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether seniority of temporary employees exempted from qualifying examinations and whose posts were withdrawn from Public Service Commission purview should be computed from dates of their appointments after April 1974 and above Service Commission candidates

Ratio Decidendi

Temporary employees appointed on a stop-gap basis and exempted from qualifying examinations cannot claim seniority from dates of their appointments after April 1974. Seniority must be computed from dates of regular appointments made through the Public Service Commission qualifying test, as upheld by the Administrative Tribunal and supported by General Rule 33(a) and G.O.Ms. No. 647.

Court Disposition

Petition and appeal dismissed

Orders

  • No order as to costs