VidhiSangh

Supreme Court of India · 13/02/2025

P. RAMMOHAN RAO versus K. SRINIVAS AND ORS. ETC.

[2025] 2 S.C.R. 1060 · 2025 INSC 212

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Summary

Temporary Assistant Executive Engineers appointed in the Andhra Pradesh Panchayat Raj Department in 1990-92, when no recruitment rules for the post existed, and continued without break until regularised in 2005, are entitled to count their officiating service for seniority over the 1997 batch of APPSC direct recruits. The State was not functus officio after G.O.M. No. 234 and needed no prior hearing of affected employees before revising it by G.O.M. No. 262.

Issues

  1. Whether the officiating service of Assistant Executive Engineers temporarily appointed between 1990 and 1992 counts towards seniority above the Assistant Executive Engineers regularly selected through the APPSC in 1997.
  2. Whether the appointees' case falls under Proposition (B) or under the corollary to Proposition (A) of para 47 of Direct Recruit Class II Engg. Officers' Association v. State of Maharashtra.
  3. Whether the State Government became functus officio after issuing G.O.M. No. 234 dated 27.06.2005 and could not revise it by G.O.M. No. 262 dated 17.06.2006.
  4. Whether the employees adversely affected by G.O.M. No. 262 had to be heard before it was issued.

Provisions considered

Held

Result

Appeals allowed; the High Court's judgment dated 21.09.2023 quashing G.O.M. No. 262 set aside; no order as to costs. The connected appeal (delay condoned) disposed of in the same terms.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1060.