Fixed quotas for recruitment cannot be overridden by administrative decisions, affirming the supremacy of statutory provisions over executive instructions.

ORDER :

1. The present writ petition is filed to declare the action of the Respondents in not filling up the first vacancy in the cadre of "Section Officer" in A.P. Secretariat from the cadre of Superintendent working in the Head of Departments as illegal, arbitrary and contrary to Note-5, Rule 3 of A.P. Secretariat Service Rules, 1998 and for consequential directions.

2. The facts leading to the filing of the writ petition are as under:

The Petitioner No.1 was initially appointed as Typist (R&B) in the Office of Engineer-in-Chief (R&B), Errumanzil, Hyderabad and subsequently was promoted as Senior Assistant (R&B) in the year 2009 and further promoted as Superintendent (R&B) on 01.07.2020. Petitioner No.2 was initially appointed as Attender and subsequently promoted as Typist, Senior Assistant and thereafter as Superintendent on 01.06.2021. The grievance of the Petitioners is that Rule 2 of A.P. Secretariat Service Rules, 1998 (for short "the Rules") as amended by G.O.Ms.No.33 GA (Ser-B) Department dated 19.01.2010, the Section Officer Post was constituted as Category 7(c) under Class-B.

3. As per Note-5 of Rule 3 of the Rules, the first vacancy of Section Officer (excluding the leave vacancies) out of every eight (8) successive vacancies constituting a Single Unit and counted for being filled up by appointing Superintendents working in the Offices of Heads of Departments/Directorates under Administrative control of the Departments of Secretariat constituting a Single Unit by transfer known as 12½ % quota in S.O cadre and the remaining seven (7) vacancies to be counted for being filled up by promotion of Assistant Section Officers, Special Categories Stenographers.

4. Though the post earmarked for Section Officers under 12½ % quota was sought to be filled up by the Respondent-State, the same was said to be held up on account of representations given not to consider the appointments under 12½ % quota by A.P.Secretariat Association and it was on that ground, the 12½ % quota of Section Officers meant for Superintendents working in Offices of Head of the Departments/Directorates was put on hold. Hence, the writ petition is filed.

5. In the counter affidavit filed on behalf of Respondents, the Rule position as mentioned in the written affidavit and the eligibility of the Petitioners for being considered to the post of Section Officer is not under dispute. It is stated that the Hon'ble Supreme Court in judgment dated 07.11.2001 in Civil Appeal Nos. 9643 and 9644 of 1995 had held that employees working in the posts, which are not localized cannot be appointed by transfer to the posts which were organized in the local cadres and that such appointments are against the provisions of the Presidential Order. On the basis of the said judgment, the General Administration (SPF.A) Department had issued a circular U.O. Note No.44232-B/SPF-A/2002 dated 15.02.2003 requested all the Department of Secretariat and Heads of Departments to stop the appointment by transfer of Section Officers/Assistant Section Officers, Superintendents etc., working in the Secretariat and Heads of Departments Offices to the Executive Cadre Posts localized under Presidential Order in the Districts, till further orders. In view of the circular, representations of the Petitioners and similarly situated persons were kept in abeyance.

6. Sri M.Vijay Kumar, learned Senior Counsel appearing for the Petitioners would submit that as long as the Rules are in vogue, it is not open to the Respondents to fill up the vacancies on the basis of executive instructions. Learned Senior Counsel would further submit that the reliance on the judgment of the Hon'ble Supreme Court is wholly misplaced as