N SREERAMULU NAIK v. THE STATE OF AP

circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner herein to amend the Prayer in the Writ Petition and Writ Affidavit as follows: It is further prayed that this Hon’ble Court may be pleased to grant interim stay of all further proceedings being initiated by the respondents for effecting promotions to the post of Technical Assistants, file of 3rd Rc.No.103/V.S.A/2023-E, dt: 07.12.2023, on respondent, pending disposal of the present Writ Petition and pass such other orders. seniority in pursuance IA NO: 3 OF 2024 Petition under Section 151 CPC praying circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner herein to amend the Prayer in the Writ Petition and Writ Affidavit as follows: For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring Impugned action of the Respondents in issuing Impugned final seniority list through Impugned Memo Rc.No.103/V.S.A/2023-E, dt:07.12.2023, fixing seniority of the Petitioners in the category of less meritorious Village Sericulture Assistants below candidates(ranks) to the Petitioners, ignoring the merit rank of the Petitioners in selection and appointments made in pursuance of Notification No.1/2019, dt:26.07.2019, and further action in Issuing impugned speaking order vide proceedings Rc.No.974/2023-E.II, rejecting dt.14.02.2024, on representations of the petitioners to fix their seniority on the basis of merit order as highly illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India, apart from contrary to the Provisions of A.P. State Subordinate Service Rules 1996, consequently set-aside final seniority Impugned Rc.No.103/V.S.A/2023-E, dt.07.12.2023, Issued vide file of file of 2nd respondent 4 3rd respondent and also set aside the Impugned speaking order Rc.No.974/2023-E.ll, dt 14.02.2024, on the file of 2nd respondent with consequential directions to the Respondents to fix the seniority of the Petitioners on basis of the merit rank in the selection to the post of Village Sericulture Assistants and pass such other order. IA NO: 1 OF 2025 Petition under Section 151 CPC praying circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners here in to implead the proposed respondents 4 to 83 as the respondents 4 to 83 in present Writ Petition in the interest of Justice and pass such other order. IA NO: 2 OF 2025 praying Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings, in pursuance of Proceedings Rc.No:!8/2024/E.II dt.07.02.2025, for effecting promotions to the post of Technical Assistant from category of Village Sericulture Assistant, pending disposal of the present Writ Petition and pass such other order. Counsel for the Petitioner(S):

1. G V SHIVAJI Counsel for the Respondent(S):

1. GP for Village and Ward Secretariats The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1457 of 2024 ORDER:

1. The present Writ Petition is filed to declare the action of Respondents in issuing impugned final seniority list vide Memo Rc.No.103/V.S.A/2023-E, dated 07.12.2023 fixing seniority of the Petitioners contrary to merit rank of the Petitioners in pursuance of the Notification No.1/2019, dated 26.07.2019, as illegal and arbitrary.

2. After filing the Writ Petition, an application i.e., I.A.No.1 of 2025 was filed to implead Respondent Nos.4 to 83 as party-respondents in the Writ Petition. Though, notices were served to majority of the proposed Respondents, there was no appearance. In cases where seniority list is under challenge, it is suffice if one or two persons who are likely to be affected are impleaded in the representative capacity. In this case, as number of the proposed Respondents, who are likely to be affected by alteration of impugned seniority list, are served notice, the same would suffice and therefore, the case was taken up on merits. 6

3. The brief facts are as follows; The Petitioners were appointed as Village Sericulture Assistants, having been recruited through DSC-2019 in pursuance of the Notification No.1/SCRI/2019, dated 26.07.2019. On the basis of the rank of the Petitioners, the Petitioners were called for certificate verification in 3rd spell of the selection process and appointment orders were issued. In the selection, the Petitioners got 82, 90 and 95 ranks respectively.

4. It is stated that the candidates, who got lesser ranks in the selection process i.e. Rank 110, have been placed from Sl.No.72 in the seniority list, while placing the Petitioners, who got better marks were placed at Sl.Nos.138, 140 and 141 respectively. It is stated that the date of appointments have been taken into consideration rather than the merit and the same is contrary to Rule 33 of A.P. State and Subordinate Service Rules, 1996. Hence, the present Writ Petition is filed.

5. In the Counter-Affidavit filed by the Respondents, it is stated that vide G.O.Ms.No.110, Panchayat Raj & Rural Development (MDL-I) Department, dated 19.07.2019, total 15,004 Village/Ward Secretariats were established with an aim of delivering services and benefits of Government schemes at the door steps of citizens. 7 In order to strengthen the Village Secretariats, 400 posts of Village Sericulture Assistants were allotted to erstwhile Ananthapuram District. In furtherance thereto, Notification No.1/Seri/2019, dated

26.07.2019 was issued for filling up the posts of Sericulture Assistants.

6. The written examination was conducted on 07.09.2019 and after finalizing the results on 21.09.2019, the District Collector of erstwhile Ananthapuramu District has communicated the list of 434 qualified candidates to the Joint Director of Sericulture, Ananthapuramu. As per the instructions of the District Collector-cum- Chairman of District Selection Committee, the Joint Director of Sericulture, Ananthapuramu prepared an eligible merit list containing 154 candidates as per Roster points against 159 posts. Accordingly, call letters were issued to 154 candidates online on 23.09.2019 for verification of certificates. Out of 147 candidates, 139 candidates were qualified for appointment to the post of Village Sericulture Assistant and appointment orders were issued. Pursuant to the appointment orders, out of 139 candidates, 133 candidates have reported for duty as Village Sericulture Assistants and the remaining 6 candidates have not joined and had relinquished the offer of 8 appointment. After completion 1st selection, 26 posts were left against 159 posts as vacant as detailed below; Sl.No. Category wise Break up Non-Local Open (20%) Local Open (80%) Grand Total (Col.3+Col.5) No. of Posts vacant Category (1) (2) No. of Posts vacant (3) Category Category (1) (2) (3) OC (G) OC (W) SC (G) BC B (G) BC B (W) BC-D (G) VH (W) BC-C(G) 1 2 3 4 5 6 7 8 Total 3 3 1 1 1 1 1 2 13 OC (W) OC (G) SC (G) SC (W) BCA (W) BC D (G) BC-D(W) HH(W) 2 4 2 0 1 1 2 1 5 7 3 1 2 2 3 3 13 26

7. As per the General Rule, the unfilled direct recruitment quota vacancies were carried forward to the next recruitment year. But, the Government by taking a lenient view has awarded 15 grace marks to all the candidates, who have applied to the post of Village Secretariat functionary in the notification, as there were a lot of vacancies remained unfilled due to non-availability of candidates. 9

8. Accordingly, the CEO, ZP, Ananthapuramu communicated a revised consolidated eligible merit list containing 882 candidates after adding 15 grace marks. Subsequently, all the District Collectors were instructed to take into consideration the revised merit list of qualified candidates and issued call letters to fill un-filled vacancies duly following merit/ post preference/ reservation/ roster point/special category like PH/ Sports/ Ex-Servicemen etc., to those vacant posts and select candidates duly verifying their Certificates and issue appointment orders. Accordingly, total 156 Village Sericulture Assistant posts were filled in 1st & 2nd round Notifications against 159 posts as detailed below; <a) In 1st Notification, 2019, (152) candidates have been appointed as Village Sericulture Assistants in Four Rounds of Selections against (159) posts allotted to District. (b) In 2nd Notification, 2020, (4) candidates have been appointed as Village Sericulture Assistants in two Rounds of Selection against (7) Vacant Posts. (c) After 1st and 2nd Notifications, (3) Posts remained vacant under Categories of (i) HH (1) in Open Non-Local (20%) and (ii) VH (W), (iii) BCC (G) in Open Local (80%). These posts remained vacant due to non-availability of candidates under these Categories.= 10

9. Subsequently, as per the instructions of the 2nd and 3rd inter se seniority list of all Village Sericulture Assistants was prepared as per their date of appointment in the batch and communicated provisional Seniority List to all Village Sericulture Assistants in Proceedings dated 10.11.2023 calling for their objections. Certain objections were received from the Village Sericulture Assistants in the provisional seniority list issued by the DSO, Ananthapuramu on 10.11.2023 and requested to assign their seniority as per their merit/rank in the selection.

10. The objections were considered by the District Sericulture Officer, Ananthapuramu and the same were rejected and a final seniority list was issued confirming the provisional seniority list. Subsequently, a joint representation was made on 14.12.2023 to Respondent No.2 raising objections on the seniority assigned to them in the final seniority list and requested to rectify the same as per Rule 33(b) of A.P. State and Subordinate Service Rules, 1996.

11. Contentions: The learned counsel the Petitioners Sri G.V. Shivaji would submit that as per Rule 33(b) of A.P. State and Subordinate Service Rules, 1996 seniority list has to be prepared as per the merit and not as per the date of joining. It is stated that in the present case, the date of joining has been taken 11 into consideration, which is contrary to Rule 33(b) of A.P. State and Subordinate Services Rules, 1996. The learned counsel relied on the Judgments of the Supreme Court in Chairman, Puri Gramya Bank and Another v. Ananda Chandra Das and Others1, Suresh Chandra Jha v. State of Bihar and Others2 and State of West Bengal v. Anindya Sundar Das3 in support of his contentions.

12. The Government Pleader for Village and Ward Secretariats would submit that the date of appointment should be taken into consideration as per the Rule 33(a) of the A.P. State and Subordinate Service Rules, 1996 and contended that in the present case, the Petitioners were not selected in the initial selection process and submitted that the Petitioners were appointed in the 3rd spell of the selection process and therefore they are not entitled for claiming fixation of seniority as per the merit. It is stated by the learned Government Pleader that the Petitioners were initially called for selection on the basis of grace marks given by the State Government and therefore they are not entitled to claim fixation of seniority on the basis of merit.