'District Judges Entitled To Protection Of Seniority': Andhra Pradesh High Court Quashes 2022 Seniority List

The Andhra Pradesh High Court has set aside a 2022 seniority list which made a category of District Judges junior to another category from the same recruitment process, on the grounds that the date of appointment were different.For context— the dispute arose after the State, in 2022, citing different dates of appointment under 10% accelerated and 65% promotion quotas, altered a 2017 seniority list that was prepared using the mandatory 40-point roster. The list so altered effectively placed the petitioner District Judges below the respondents on the ground that the date of appointment determines seniority.The Court referred to the Andhra Pradesh State Judicial Service Rules 2007 (2007 Rules) which prescribe the method of recruitment and other conditions of service of District Judges, Senior Civil Judges, and Junior Civil Judges. Rule 13(a) prescribes seniority of a person appointed to the category of District Judges by direct recruitment as well as by transfer that it shall be fixed as per 40 point roster prescribed in Schedule-A. Further, Rule 13(b) provides for seniority of persons appointed to the category of Civil Judges by direct recruitment of transfer which shall be fixed as per 20 point roster prescribed in Schedule-B of the Rules.In light of these provisions, Justice Ravi Nath Tilhari and Justice Maheswara Rao Kuncheam observed,“The date of notification for the appointment to the post of District Judge under 65% promotion quota as also under 10% accelerated recruitment by transfer quota being of the same date 31.03.2015, for the same recruitment year 2015, the process for both the quotas having been completed and the result declared on the same date 14.11.2015 and also the selection list by the High Court having been sent to the Government for issuance of the Government Order for their appointment being the same date 24.11.2015 and after issuance of the Government Order, though on different dates, the posting orders also having been issued on the same dated 19.02.2016, merely because in the case of the selectees/appointees under 65% promotion quota, the Government Order was issued on 20.01.2016 whereas in the case of the petitioners under 10% accelerated recruitment by transfer quota, the Government Order was issued later on, on 08.02.2016, the petitioners cannot be made junior to all the 65% quota appointees based on the date of the Government Order for appointment. That would be contrary to the legislative mandate under Rule 13(a) of the Andhra Pradesh State Judicial Service Rules 2007”The Court further noted that seniority of District Judges must be fixed in accordance with the 40-point roster system stipulated in Schedule-A, and not on the sole basis of date of appointment. The legislative intent required application of the roster system, and the same cannot be defeated by the State by making one category of persons junior to the other category. The Court thus held,“As per Rule 13(a) of the Rules 2007, by which the seniority is to be determined of the District Judges of the persons appointed by direct recruitment as well as recruitment by transfer, it is to be fixed as per the roster points given in Schedule-A. When that is the legislative intent, we are of the view that either by its action or inaction, the State / Executive cannot act contrary to the legislative intent and take away the service benefits i.e., seniority position from one category or the other by issuing the appointment orders on different dates, making one category senior to the other.”Facts:The petitioners were initially appointed as Junior Civil Judges, and later became Senior Civil Judges through promotion. After completing requisite years of service, they became eligible for appointment to the post of District Judge.Subsequently, a notification was issued by the then Common High Court of Andhra Pradesh and Telangana on 31.03.2015, inviting applications for the 10% quota (Accelerated Recruitment by Transfer) and for 65% promotion quota (recruitment by transfer). The petitioners consequently applied, were considered, and their names were recommended by the High Court. However, the process under both the quotas were conducted simultaneously, with the notifications, result declaration and selected lists being forwarded to the Government on the same date (24.11.2015).Thereafter, appointment orders were furnished, for 65% quota on 20.01.2016, and for 10% quota on 08.02.2016. Subsequently, both posting orders were issued on 19.02.2016, and the petitioners accordingly assumed office in February 2016.In 2017, seniority lists were prepared by the common High Court, placing petitioners above several respondents and this list was given effect by making promotions to the post of Principal District Judges.However, post bifurcation of the common High Court, the Andhra Pradesh High Court initiated a fresh seniority exercise, where, in the final seniority list furnished in January 2022, and notified in March, 2022, the petitioners were...

'District Judges Entitled To Protection Of Seniority': Andhra Pradesh High Court Quashes 2022 Seniority List

Saahas Arora

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'District Judges Entitled To Protection Of Seniority': Andhra Pradesh High Court Quashes 2022 Seniority List

Saahas Arora

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