A public authority has a duty to act fairly and reasonably when making decisions that affect the rights of individuals.

JUDGMENT

Dr. K. Manmadha Rao, J. - This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

'.....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the Respondent No. 1 in issuing the G.O. Rt. No. 68, School Education (Services-I) Department, dated 10.03.2021 wherein posting the petitioner as Principal, IASE, Nellore, which is lower cadre post and the consequential order passed by the 2nd respondent vide proceedings Rc. No. 1021/620/2020-ES1-CSE, dated 16.03.2021 are illegal, arbitrary and unjust and consequently set aside the same and pass such other orders'.

2. Heard Ms. Kavitha Gottipati, learned counsel for the petitioner and learned Government Pleader for Services-III for the respondents.

3. The brief case of the petitioner is that he was initially appointed as Deputy Educational Officer through APPSC and joined in the month of April, 1995. Subsequently he got promotions, finally promoted as Additional Director of School Education in the month of March, 2020 and posted at Samagra Shiksha (Previously SSA) and worked up to 16.12.2020. On 15.12.2020 vide G.O. Rt. No. 249, the 1st respondent has posted one Sri Manne Caleb, Additional Director (SW) and Secretary LIDCAP as Additional State Project Director in the office of 3rd respondent on deputation basis under Foreign Service Terms land Conditions. Pursuant to the said G.O., the 3rd respondent has issued repatriation orders and directed the petitioner to hand over the complete charge and report to the 2nd respondent vide proceedings dated 16.12.2020, by that time there are no vacancies available in the cadre of Additional Director in School Education Department. On 17.12.2020 the petitioner was reported to the 2nd respondent, since then he has not received any salary till date. Surprisingly the petitioner have posted as Principal, IASE, Nellore in the existing vacancy, which is a lower cadre post (i.e. Joint Director) vide proceedings dated 10.03.2021 issued by the 1st respondent, consequent upon which the 2nd respondent issued proceedings dated 16.03.2021 directing the petitioner to submit his joining report, which is illegal and arbitrary. Hence this writ petition is filed.

4. Per contra, the respondents 1 to 3 filed counter-affidavit denying all material averments made in the writ affidavit and contended that there were only two sanctioned posts in the cadre of additional director posts in the School Education prior to issue of G.O. Ms. No. 66, School Education (Ser. I) Department dated 30.09.2021. Keeping in view of the requirement, for administration purpose, basing on the seniority, on deputation or on FAC or adhoc, promotions will be given to the rightful candidates as per the seniority. Further on the date of promotion to the post of Additional Director, there was no vacancy in the 2nd respondent and that keeping in view of the necessity, on deputation, by promotion the petitioner to the post of the Additional director, entrusted on deputation to work under 3rd respondent. Later certain vacancies arose; accordingly the next candidates were adjusted in the available promotional avenues.

5. It is further contended that the candidature of the petitioner for promotion to the post of Additional Director was considered during the panel year 2019-20, keeping in view of the two deputation vacancies of Additional Director posts i.e. Secretary, KGBV and ASPD in the office of the SPD, SS, besides one regular vacancy. Had the deputation vacancies not been taken into consideration, during the panel year 2019-20, he would not have been promoted as Additional Director, since he stood at Sl. No. 2 among three officers in the seniority list of JD/RJDSEs in the said panel year. It is further contended that out of the total cadre strength of seven Additional Directors, two officers were already holding the Additional Director posts as on 29.11.2021. Subsequently Government have