Temporary Promotion In Foreign Service Not Grounds For Seniority Claims: Andhra Pradesh High Court

The Andhra Pradesh High Court has clarified that temporary promotions granted against foreign service posts do not vest a right for seniority in the parent department until a regular vacancy arises. Upholding the principles of service law, the Court ruled that service rendered on deputation or against temporary vacancies cannot override the seniority of peers accommodated against regular sanctioned posts.

A Single Judge bench of Justice Nyapathy Vijay adjudicated upon the petition challenging the revision of seniority. The Court examined whether an employee promoted on a temporary basis under Rule 10(a) of the A.P. State and Subordinate Service Rules, 1996 could claim seniority from the date of such temporary promotion, especially when the promotion was against a vacancy in a foreign department.

Key Takeaways

Foreign Service Limitations

Service rendered in foreign departments or on deputation does not count towards probation or seniority in the parent department until regularized against a sanctioned post.

Temporary Promotion Rights

Promotions made under Rule 10(a) of state service rules are purely temporary and do not confer any right of continuance or seniority if no regular vacancy exists.

Seniority Linked to Vacancy

An employee's seniority in a promoted cadre is legally tied to the date of availability of a regular vacancy in the parent department, not the date of temporary officiating.

Court Observations and Directions

The Court noted that at the time of the petitioner’s initial promotion in 2019, only one regular vacancy existed in the parent department, which was filled by a senior. The petitioner was only accommodated later when a vacancy arose due to a retirement. The Court, in its reasoning, observed: "In the absence of a regular vacancy, as on 17.09.2019, there is no basis for the claim of the Petitioner for counting seniority in the cadre of Senior Assistant from that date. The fact that the Petitioner was being promoted temporarily to a vacancy in a foreign department promoted on deputation basis is well known to the Petitioner as the Petitioner vide representation dated 18.09.2024 sought for repatriation to parent department on completion of one year."

The Court has the following directions:
"Accordingly, the Writ Petition being devoid of merits is dismissed. No order as to costs."

Ratio

An employee promoted on a temporary basis under Rule 10(a) of the A.P. State and Subordinate Service Rules, 1996 against a foreign service post cannot claim seniority from the date of such promotion in the parent department if no regular sanctioned vacancy was available at that time. Seniority can only be reckoned from the date a regular vacancy becomes available in the parent department.

Background

The petitioner was appointed as a Junior Assistant in 2005. In September 2019, he was promoted to Senior Assistant on a temporary basis and posted to a foreign service post (Forest Department). However, the authorities later revised his seniority to 01.12.2020 instead of 17.09.2019. The petitioner challenged this, seeking seniority from his initial promotion date.

The respondents argued that the 2019 promotion was under Rule 10(a) of the A.P. State and Subordinate Service Rules, 1996 and that under Rule 10(e), such temporary promotes are liable to be reverted if no regular vacancy exists. They further relied on GO (P) No.10 F &P (FW.F.R.II), dated 22.01.1993 which specifies that service on deputation does not count for probation in the parent department. The Court found that since the petitioner was third in the seniority list and only one regular vacancy existed in 2019, he could only be accommodated in the parent department from the date the next vacancy arose in December 2020. Consequently, the High Court dismissed the petition.

Case Details:
Case No.: WRIT PETITION NO: 26524 OF 2025
Neutral Citation: 2026:APHC:47845
Case Title: L Murali Mohan v. The State of Andhra Pradesh
Appearances:
For the Petitioner(s): EATHAKOTA VENKATA RAO, Advocate
For the Respondent(s): Government Pleader for Services II

Source: 2026 CaseBase(AP) 19900