Memo. No. 57759/Ser. A/2004-2. Dated: 20-05-2004
Sub:
Public Services - Review / Revision of seniority - Not to re-open the settled
seniority - Instructions - Issued.
Ref:
1. Memo. No. 1197/Ser. A/94-1,
G.A. (Ser. A) Dept., Dt. 20-10-1994.
2. Memo. No. 68/Ser.
A/96-6, G.A. (Ser. A) Dept, Dt. 19-09-1997.
3.
Cir. Memo. No.57759/Ser. A/2004-1, G.A. (Ser.A) Dept., Dt. 20-05-2004.
Copies of the references are enclosed.
2. In several cases filed before the A .P. Administrative Tribunal / High Court of Andhra Pradesh, the prayer of the applicant is for revision of seniority from a back date and for appointment from a notional date. In the Andhra Pradesh State and Subordinate Service Rules, it is provided to submit a representation for revision of seniority within a period of 90 days (from the date of publication of seniority list). Instructions were also issued for communication of seniority list by the concerned authorities. In some cases, the request is for revision of seniority in the lower category in which the employee was appointed, one or two decades ago. Such cases are re-opened, and the notional date of appointment is being considered with all consequential benefits. This results in unsettling the settled matters. The Apex Court in the judicial pronouncement in the year 1998 published in 2 SCC 523 and reported in the Hindu Dated 11-07-1998 held that the request for revision of seniority after a lapse of considerable period is not justifiable. Keeping this in view, instructions have been issued in the matter in the reference 3rd Cited, not to re-open the settled seniority.
3. The Government Pleaders dealing with Service Matters are
requested to bring the legal position as laid down by the Supreme Court of
India before Andhra Pradesh Administrative Tribunal / High Court of Andhra
Pradesh whenever seniority issues are taken up and oppose the cases of revision
of settled seniority based on the Apex Court Judgment.
