Case Note & Summary
The dispute arose between two groups of Assistant Engineers regarding their inter-se seniority for promotion to the post of Executive Engineer. The appellants were directly recruited as Assistant Engineers in April 1966, while the respondents had been temporarily appointed earlier in 1959 and 1960, with their services regularized in 1961. The appellants contended that they were senior to the promotee Assistant Engineers and sought promotion based on this claim. The State Government determined that seniority should be based on the date of regular appointment, not confirmation, leading to a conclusion that the appellants ranked below the respondents. The appellants challenged this decision in the High Court, which upheld the State's order. The Supreme Court, upon reviewing the case, reaffirmed that in the absence of specific rules favoring direct recruits, seniority should be determined by length of service. The court noted that the respondents had longer service and thus the appellants would be considered for promotion only after the respondents. The appeal was dismissed, with no order for costs.
Headnote
A) Service Law - Inter-Se Seniority - Length of Service as Basis - Andhra Pradesh (Roads and Buildings) Engineering Service Special Rules, 1967, Rule 5; Andhra Pradesh State and Subordinate Service Rules, 1962, Rule 33(a) - The absence of a specific rule for preference in seniority between direct recruits and promotees necessitates using length of service as the basis for determining inter-se seniority. The court held that since the respondents had longer service, the appellants ranked below them in seniority (Paras 25-30).
Issue of Consideration
Whether the appellants were entitled to promotion to the post of Executive Engineer based on their seniority over the promotee Assistant Engineers.
Final Decision
The Supreme Court dismissed the appeal, affirming that the appellants ranked below the respondents in seniority and would be considered for promotion after the respondents.
Law Points
- Inter-se seniority
- promotion eligibility
- length of service
- regularization of service
- retrospective effect of probation
