Andhra Pradesh High Court Quashes 2022 Seniority List of District Judges
Court Orders Re-evaluation of Seniority Based on 2017 List, Emphasizes Adherence to Legislative Mandates
In a significant ruling, the Andhra Pradesh High Court has invalidated the seniority list of District Judges dated January 5, 2022, and directed the preparation of a new list adhering to the 2017 seniority roster system. The decision was delivered by a division bench comprising Sri Ravi Nath Tilhari and Sri Maheswara Rao Kuncheam, J.J., in response to writ petitions filed by Guduri Rajani and others. The petitioners challenged the alteration of their seniority, claiming it violated Rule 13(a) of the Andhra Pradesh State Judicial Service Rules, 2007, which mandates adherence to a 40-point roster system.
The court observed that the notifications for the 2015 recruitment under both the 10% Accelerated Recruitment by Transfer quota and the 65% Promotion quota were issued on the same date. Despite this, government appointment orders were issued on different dates, resulting in an unfair seniority determination that contradicted legislative intent. The court emphasized that seniority should be based on the roster system and not merely on appointment dates, which could disrupt the legislative mandate.
The 2017 seniority list, previously prepared by the combined High Court of Telangana and Andhra Pradesh, was deemed final and binding, despite not being notified by the State Government. The court noted that this list had been acted upon and promotions had been made from it, establishing its validity. The court ruled that the lack of notification was a ministerial lapse that should not affect the seniority determined under Rule 13(a).
The judgment also referenced the Supreme Court's decision in K. Meghachandra Singh v. Ningma Siro, which protects seniority fixed during the era of N.R. Parmar v. Union of India, thereby safeguarding the positions established by the 2017 list.
The High Court has directed that the revised seniority list be prepared within four months, ensuring adherence to the legislative framework. The court also restrained the issuance of any promotion orders based on the invalidated 2022 list until the revised list is finalized.
Bottom Line:
Seniority list of District Judges prepared under Rule 13(a) of Andhra Pradesh State Judicial Service Rules, 2007 must follow the 40-point roster system, and cannot be altered based on the date of appointment orders issued by the government.
Statutory provision(s): Andhra Pradesh State Judicial Service Rules, 2007 Rule 13(a)
The judgment underscores the importance of stability in service jurisprudence and adherence to legislative mandates, ensuring fair and equitable treatment in seniority determinations for judicial officers.
Guduri Rajani v. State of Andhra Pradesh, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2784623
