D. HANMANTH RAO AND ORS. ETC. versus STATE OF A.P. AND ORS. ETC.

D. HANMANTH RAO AND ORS. ETC. versus STATE OF A.P. AND ORS. ETC.

The seniority list prepared by the State Government, implementing Supreme Court directions in Siva Reddy's case, properly balanced justice by not disturbing promotees' regularisation or seniority prior to 1982, and did not violate accrued rights; promotees should reconcile to this outcome.

Parties
Petitioner: D. Hanmanth Rao and Ors. etc.; Respondent: State of A.P. and Ors. etc.
Jurisdiction
India
Judgment Date
25 April 1990
Procedural Posture
Writ Petition / Original Jurisdiction; Judgment on Merits
Outcome
Writ petitions dismissed.
Legal Topics
Seniority Fixation, Direct Recruitment, Promotion Quota, Service Rules
Civil Service Law Seniority Fixation Direct Recruitment Promotion Quota Service Rules

Case Brief

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Parties

D. Hanmanth Rao and Ors. etc.

Petitioner

State of A.P. and Ors. etc.

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction; Judgment on Merits

Legal Issues

  1. 1 Whether the fixation of seniority between promotee and direct recruit Assistant Engineers under Rule 3(3)(a) of the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1965, implementing prior Supreme Court decisions, violated accrued rights of promotees
  2. 2 Whether service prior to actual recruitment could be counted for seniority of direct recruits

Ratio Decidendi

The seniority list prepared by the State Government, implementing Supreme Court directions in Siva Reddy's case, properly balanced justice by not disturbing promotees' regularisation or seniority prior to 1982, and did not violate accrued rights; promotees should reconcile to this outcome.

Court Disposition

Writ petitions dismissed.

Orders

  • Petitions dismissed.