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Showing contexts for: temporary appointment in K.Suresh vs The State Of Andhra Pradesh on 15 November, 2024Matching Fragments
As far as the above issue of seniority is concerned, several representations were made to the 1st respondent as provided in the above- mentioned G.O.Ms.No.234 dated 27.06.2005 which stated that on being regularized, the AEEs appointed between 1990-1995 should be placed below the last regular AEE, thereby depriving the AEEs (Regularized) of 10 years of service. After deliberation, the 1st respondent issued G.O.Ms.No.262 dated 17.06.2006, partially modifying its earlier order to the effect that on regularization, the AEEs appointed during 1990-1992 should be placed below the last Regular AEE approached through APPSC prior to coming into force of Andhra Pradesh (Regulation of Appointments to Public services and Rationalization of Staff Pattern and Pay Structure) Act, 1994, which prohibited temporary appointments with effect from 25.11.1993. It is further stated that, the O.A.s of the AEEs (APPSC) were dismissed and the O.A.s of ΑΕΕ (Regularized) appointed between 1993-1995 were allowed by a common DR.KMR,J.
(a) of A.P. State and Subordinate Service Rules specifies that seniority of a person in a service, Class, Category or Grade shall, unless he has been reduced to a lower rank as a punishment, be determined by the date of his first appointment to such service, Class, Category or Grade.
In V.Sreenivasa Reddy Vs. Govt., of Andhra Pradesh 1 and also in Registrar General of India Vs. V.Thippa Setty2, Government have observed Direct Recruits take seniority from date of their appointment in the cadre and regularization of temporary appointment shall be prospective and their services shall not be regularized with retrospective effect. Further, as per Rule 16 (a) of A.P. State & Sub-ordinate Service Rules, 1996 and also keeping in view of the orders issued in G.O.Ms. No.42, PR&RD (E.I) Deptt., dated 08.6.2016 and remarks of the Engineer-in-Chief, Panchayat Raj, A.P., Vijayawada, Government observed that orders issued, in regularizing the service of the temporary AEEs batch who were appointed during 1990-1995, in the G.O. Ms. No.262, P.R. & R.D (Estt.III) Deptt., dated 17.6.2006 and 1994(4) scale 469 1998 (8) SCC 690 DR.KMR,J.
23. Sri K. Lakshmi Narasimha, learned Senior Counsel appearing for the respondents, submits that basing on the representations of the petitioners, the Government acceded to their request and to regularize the services of temporary AEEs appointed during 1990-1992 by placing below the regular AEEs appointed through APPSC prior to promulgation of Act 2/1994. By virtue of this, the appointees under APPSC notification 8/1995 became juniors to 1990-1992 temporary AEEs. Learned Senior Counsel further submits that the Direct recruits filed batch of OAs vide O.A No.5018 of 2006 & batch challenging the validity of G.O.Ms.No.262 dated 17.6.2006. The temporary AEEs appointed during 1993-1995 filed these OAs vide O.A Nos.5818 of 2009 and batch, to declare that they are also entitled to the benefit given under G.O.Ms.No.262 dated 17.6.2006. A common judgment was delivered by the Hon'ble Tribunal by dismissing the OAs filed by direct recruits and G.O.Ms.No.262 dated 17.6.2006 was upheld and consequently allowed the O.As filed by temporary AEEs holding that the candidates appointed in 1993- DR.KMR,J.
18. In light of the above, the Public Service Commission candidates take seniority from the date of their appointment in the cadre and regularisation of temporary appointment shall be prospective only and their services shall not be regularised with retrospective effect. Further, as per Rule DR.KMR,J.
W.P.Nos.24572, 24543, 24549, 24549 & 25559 of 2021 16 (a) of A.P. State & Sub-ordinate Service Rules, 1996 and also keeping in view of the orders issued in G.O.Ms. No.42, PR&RD (E.I) Deptt., dated 08.6.2016 and remarks of the Engineer-in-Chief, Panchayat Raj, Government observed that orders issued, in regularizing the service of the temporary AEEs batch who were appointed during 1990-95, in the G.O. Ms. No.262, P.R. & R.D (Estt.III) Deptt., dated 17.6.2006 and G.O.Ms.No.334, P.R. & R.D (Estt.III) Deptt., dated 26.9.2011, from the date of below the last regular Assistant Executive Engineer appointed through APPSC prior to Act 2/1994 and fixing their seniority before 1997 PSC batch AEEs have to be reviewed and decided to cancel the said orders, duly confirming their regularization as was ordered in the G.O. 2nd read above.