WP/1205/2022 of D.USHAPANNAGAVENI Vs THE STATE OF ANDHRA PRADESH on 19 August 2026

ORDER:

The writ petition is filed challenging the revised seniority list dated 06.10.2021 as it is contrary to Rule 33 (a) of Andhra Pradesh State and Subordinate Service Rules (for short hereafter refer as ‘Service Rules 1996’). The petitioner was initially promoted as Lecturer on 10.01.2019, but this promotion was later cancelled and given promotion with effect from 05.07.2019 and the said action of the 2nd respondent is illegal, arbitrary and in violation of principles of natural justice.

2. The relevant facts that germane for consideration of the writ petition in nutshell, there are four feeder categories for the promotion to the Lecturer viz., i) Nursing Tutor, Grade-I, (ii) if the qualified nursing tutor is not available, to be filled by Nursing Tutor, Grade-II. iii) If Nursing Tutor, Grade-II is not available, then Public Health Nurse can be considered (iv) even, if the Public Health Nurses are not available, Nursing post can be filled up by the Staff Nurse. The petitioner herein falls under (iv) category working as staff nurse. Initially, the post of Staff Nurse is zonal post and the petitioner belongs to Zone-I. The 2nd respondent-Director of Medical Education transferred the petitioner to Kadapa vide proceedings dated 03.12.2021 by effecting promotion as Lecturer vide proceedings dated 10.01.2019 and again promoted as lecturer of nursing with effect from 05.07.2019 subsequent to the conducting of DPC dated 29.11.2021. Placing the petitioner’s seniority below the unofficial respondents in the final integrated seniority list dated 06.10.2021 by revising the seniority list 18.07.2018 and cancelling the promotion w.e.f., 05.07.2019, is challenged on the ground that the petitioner who joined on 11.10.1995 and the un- offices respondents have jointed in the service subsequent to the appointment of the petitioner dated 14.08.1995, and incumbent who joined first in the service is to be placed in the seniority. And the said list was prepared basing on the date of appointment of the individual candidates.

3. It is further submitted that the seniority list prepared on 18.07.2018 is an integrated provisional list for all the four zones in the State, because the promotion to the post of Lecturers is State vide post. And the petitioner was rightly placed in the in preliminary seniority list dated 18.07.2018 and cancelling the promotion of lecturer given on 10.01.2019 and promoting the petitioner w.e.f., 05.07.2019 and the procedure adopted by the official respondents is contrary to Rule 33(a) deals with “The 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. It is the contention of the petitioner that the said seniority list was prepared without giving any notice or an opportunity and the 2nd respondent has not considered the representation of the petitioner dated 27.12.2018, to place the petitioner over and above the other respondents who are juniors to the petitioner. It appears from the affidavit that the said representation dated 27.12.2018 was not disposed of till date. Therefore, prayed to set aside the revised seniority list and to effect promotion from the date 10.01.2019.

4. The 2nd respondent has filed counter affidavit and denied all the assertions made in the affidavit and stated that the 1st respondent after considering the rule position and also orders of the High Court, in W.P. No.6001 of 2019, issued orders vide Government Memo dated 24.08.2020, as follows “as per the Rule 34, 33A(a) and Rule 2 of A.P. State and Subordinate Service Rules, 1996, the date of joining has to be considered for preparation of integrated seniority list for preparation of panels for permission to the post of Nursing Lecturer. and as per Rule 16(c)(i) of Service rules 1996, every person appointed by direct recruitment to any post shall, from the date on which he commences, the probation is for a period of two years on duty within a continuous period of three years and reconsideration integrated seniority of staff nurses considering date of joining, the first respondent vide government memo dated 24.08.2020 issued orders duly following required procedure as per rules in vogue.

5. And the revised Integrated Seniority of the staff nurses for the panel year 2018-2019 was prepared by taking into consideration of the date of joining as provided in the Subordinate Service Rules 1996 and date of probation, duly following required procedure as per the rules in vogue. And a review DPC was conducted by taking into consideration, Integrated Seniority List of the Staff Nurses as per the date of joining and issued promotions to the eligible Staff Nurses, as Lecturer of Nursing, subject to availability of vacancies. And whereas integrated or common seniority list of a particular class or category or grade in any service belongs to different units of appointment has to be prepared for the purpose of promotion or appointment by transfer to a class, category having different units of appointment or for any other purpose such an integrated or common seniority list shall be prepared with reference to the provision of Sub Rule (a) of Rule 33 provided that the seniority list of the persons inter-se belonging to the same units shall not be disturbed.

6. Therefore, it is stated that the final seniority list of M.Sc.(N) qualified Staff Nurses of the panel year 2018-2019 incorporating the declaration of probation as per the direction of the Government memo dated 24.08.2020, the seniority list was prepared and the seniority list has to be reviewed by following Rules 2, 33, 34 and 36 of Service Rules, 1996 and the 2nd respondent issued provisional reviewed integrated seniority of staff nurses duly calling objections vide proceedings dated 17.12.2020, consideration of date of joining i.e. the date of commencement of probation in the cadre of staff nurse.

7. Regarding modifying the date of promotion of petitioner was happened due to four individuals who already got promotions as Lecturers of Nursing on 10.01.2019; and after discussion, the committee has decided to consider the other vacancies of Lecturer of Nursing, arises during the panel year 2018-2019, due to promotion to the cadre of Assistant Professors and sanction posts by the 1st Respondent as per the Interim Order dated 18.06.2021 of the High Court in another W.P. No. 21906 of 2021 filed by Smt. B.R. Leelavathi, Staff Nurse, SPGCON, Tirupati. Therefore, the individuals i.e. Smt. S. Aruna Kumari, Smt. M. Padma Kumar, Smt. D. Usha Pannagaveni and Smt. Prameela (SC) petitioner herein and Smt. Prameela(SC) has faces reversion who have faced register has been promoted as Lecturer of Nursing and therefore service was given with effect from the date of appointment due to lack of posts in the cadre of lecturers and at last, it is stated the petitioner is having alternative remedy of appeal in the rules and filed the present writ petition without causing alternative remedy available to the petitioner.

8. The 5th respondent filed counter and it is contended that though the Rule 34 of Service Rules 1996 outlines that to fix the common integrated seniority lists of different units taking into consideration date of joining in service, but there is a condition in the said Rule 34 of Service Rules 1996 that inter-se seniority list belonging to the same units/zone shall not be disturbed. In view of the said rule, though the date of joining of petitioner

is prior to the respondents No.8 and 15 due to the placement of the petitioner in the inter-se seniority list of zone-I shown below the respondent Nos. 8 & 15, the petitioner is bound to place below the respondent No. 8 & 15 only unless the said inter-se seniority list of zone-I is challenged within the prescribed limitation that the 5th respondent filed under Rule 23 of Service Rules 1996 challenging the illegal promotion given to the Staff Nurses for the panel year 2018-2019 to the above category reverse considering Service Rules 1996, as per the orders of this Court passed in W.P. No.6001 of 2019.

9. It is further stated that in an appeal filed by the 5th respondent, the Chief Secretary to the Government of Andhra Pradesh, Medical and Health, after considering the counter affidavit submitted by the 2nd respondent, has passed orders dated 24.08.2020, to implement certain directions vide memo No.2719286/E1/2019 dated 24.08.2020, accordingly the 2nd respondent has passed orders as per the rules in vogue, the respondent No.8 and 15 that was joined as senior to the petitioner which is not illegal. And various averments made by the petitioner, which are not answered by the respondent deemed to be denied which are mis-conceived and self-serving. And it contended no merit in the writ petition and prayed to dismiss the writ petition.

10. Heard Sri Motupalli Vijaya Kumar, learned Senior Counsel, assisted by Sri Manoj Kumar Bethapudi, learned counsel, for the petitioner; learned Government Pleader for Services –IV, for respondent Nos.1 to 3, Sri K. Satyanarayana Murthy, learned counsel for respondent Nos.4, 6 to 14, and Sri Murali Lincoln, learned counsel for respondent No.5.

11. Learned senior counsel drew the attention of this Court to the preliminary and final seniority list filed along with the Writ Petition to indicate that in the initial list sent that prepared by the office of the 1st respondent, dated 18.07.2018 and integrated seniority list dated 06.10.2021, the name of the writ petitioner was figured below respondent Nos.8 and 15 and would submit that the entire seniority list get vitiated due to statutory violation of Rule 33(a) of Service Rules 1996, which are substantive and the Government is obligated to prepare integrated Seniority List according to Rule 33(a) of Service Rules 1996, for the purpose of reckoning seniority, the official respondents ought to have considered the dates of appointment.

12. A combined reading of Rule 33(a) and 34 of Service rules 1996 clearly outlines that the seniority has to be reckoned from the date of first appointment and the seniority was not prepared as envisaged in Rule 33(a) of Service rules 1996 however without disturbing the inter-se seniority list. The both the counter affidavits filed by the respondent Nos.2 and 5 unequivocally has stated that seniority shall be reckoned from the date of joining in service pursuant Rule 33 (a) Service Rules, 1996.

According to the original zonal lists of both the petitioner and the unofficial respondents, the petitioner's appointment was prior to unofficial respondents. Even applying Rule 34 of the Subordinate Service Rules, 1996, which states that the inter se seniority of persons was not be disturbed. The petitioner was appointed prior to the unofficial respondents. Therefore, viewing the matter in any manner, the petitioner's seniority remains prior.

13. A division of this High Court in the case N Ranga Krishna vs The State of AP in W.P. No. 1648 and 8062 of 2019 and batch order 25.10.2019 referring to the judgment directed the respondents to fix the seniority list following the Rule 33(a) of Subordinate service rules 1996.

14. The law contemplates that the Seniority shall be reckoned only based on the date of appointment. Rule 33(a) of the Service rules 1996, which clearly indicate that the seniority of a person in a service, class, category or grade, shall, unless he had 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.

15. Accordingly, the writ petition is allowed and the seniority list dated 06.10.2021, is hereby set aside and the respondents are directed to revise the seniority list as per Sub-rule (a) of Rule 33 of A.P. Subordinate Service Rules. There shall be nor order as to costs.

16. As a sequel, interlocutory applications, if any, pending in these writ petitions shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 20.08.2026 Harin

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

W.P.No. 1205 of 2022

Date: 20-08-2026

Harin