HYDERABAD: The Telangana High Court on Wednesday made it clear that it is the prerogative of the government/employer to decide the effective date to fix seniority based on the merit-cum-seniority of the employees. The High Court also noted that courts only declare the law that has to be applied from the date the rules have been framed and it can be held to be applicable only prospectively.
Justice T. Madhavi Devi was dealing with a petition filed by the Telangana Electricity OC Employees Welfare Association who challenged the decision of the Transco, Genco and the Telangana southern and northern power distribution utilities in implementing the rule of merit-cum- seniority for its employees working only from 2009.
They contended that the decision is in violation of Rules 26(a) and 3(A) of the APSEB Service Regulations and requested the court to direct the power utilities to extend the benefit of rule of merit-cum-seniority to all employees under direct recruitment since 1986 and to grant all consequential benefits.
Justice Madhavi Devi said that the employer should take a decision in this regard. However, in the said case, the court noticed that the rules prescribed merit-cum-seniority from the beginning of the Act which came into force in 1975. As there was some ambiguity with regard to the date of appointment where no rank is awarded to the candidates, the court viewed that it fit and proper to direct the Electricity Utilities to consider the representation of the petitioner’s association, within three months.
