K. SIVA REDDY & ORS. ETC. versus STATE OF ANDHRA PRADESH & ORS.

K. SIVA REDDY & ORS. ETC. versus STATE OF ANDHRA PRADESH & ORS.

State Government must strictly comply with rules prescribing recruitment quotas (37.5% direct recruitment, 62.5% promotion/transfer) for Assistant Engineers; regularisation of promotees from 1972-1975 is not to be disturbed, but direct recruits' seniority and recruitment must be ensured from 1982 onwards and missing vacancies filled by direct recruitment.

Parties
Petitioner: K. Siva Reddy & Ors.; Respondent: State of Andhra Pradesh & Ors.
Jurisdiction
India
Judgment Date
24 February 1988
Procedural Posture
Writ Petition (original Jurisdiction) / Final Disposition
Outcome
Petitions disposed of; Writ Petition No. 12401 of 1985 allowed to extent indicated.
Legal Topics
Appointment, Recruitment Rules, Seniority, Regularisation of Service
Administrative Law Service Law Appointment Recruitment Rules Seniority Regularisation of Service

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Parties

K. Siva Reddy & Ors.

Petitioner

State of Andhra Pradesh & Ors.

Respondent

Procedural Posture

Writ Petition (original Jurisdiction) / Final Disposition

Legal Issues

  1. 1 Validity of retrospective regularisation of temporary service of promotees to Assistant Engineers cadre
  2. 2 Determination of inter se seniority between direct recruits and promotees
  3. 3 Compliance with prescribed quota for direct recruitment and promotion

Ratio Decidendi

State Government must strictly comply with rules prescribing recruitment quotas (37.5% direct recruitment, 62.5% promotion/transfer) for Assistant Engineers; regularisation of promotees from 1972-1975 is not to be disturbed, but direct recruits' seniority and recruitment must be ensured from 1982 onwards and missing vacancies filled by direct recruitment.

Court Disposition

Petitions disposed of; Writ Petition No. 12401 of 1985 allowed to extent indicated.

Orders

  • State Government to ascertain substantive vacancies up to 31.12.1987 for direct recruitment and fill them within four months.
  • Seniority list for Assistant Engineers to be redrawn by end of September, 1988, per Tribunal directions.