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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
S. Sasi Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. As the issue in these two writ petitions is common, with the consent of both the learned counsel, the writ petitions are disposed of by a common order.
2. Both the writ petitions are filed by the Petitioners for not relieving them from the Office of the 3rd Respondent as they were appointed as Assistant Section Officers in A.P.Secretariat under 12 ½ % quota by transfer and for consequential direction to relieve them to join as the Assistant Section Officers in the A.P.Secretariat forthwith.
3. W.P.No.10546 of 2023 is taken up as lead case for narration of facts.
4. The Petitioners were appointed in the Office of Respondent No.3 as Junior Assistants on different dates and were promoted as Senior Assistants in HoD. While so, on 22.12.2022, the Respondent No.1 issued proceedings No.GAD01- SUOASO(PROM/1/2022-SU-II) calling upon applications for preparation of panel of Senior Assistants/Senior Inspectors working in HoDs for appointment by transfer as Assistant Section Officer. Pursuant to the memo, the Petitioners submitted their applications on 09.01.2023, 04.01.2023 and 10.01.2023 to Respondent No.4 and Respondent No.3 approved the applications and forwarded the same to Respond
The court affirmed that cancellations of appointment orders must be substantiated by legitimate reasons, emphasizing the right to career advancement and upholding statutory channels for appointments.
The appointment by transfer as Assistant Section Officer must follow statutory channels, and cancellation based on manpower issues cannot justify denying employment.
Fixed quotas for recruitment cannot be overridden by administrative decisions, affirming the supremacy of statutory provisions over executive instructions.
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
The court affirmed that an appointment made in violation of recruitment rules is void ab initio, and principles of natural justice do not apply when cancellation is based on undisputed facts.
Temporary appointments in public interest can be terminated without notice or reason, and claim for permanency cannot be made without following due process.
The State's authority to cancel a selection process can be judicially reviewed on the touchstone of reasonableness, and the cancellation must be based on relevant factors and not mala-fide or arbitra....
The main legal point established in the judgment is that the initial appointment of the appellant on the post of Junior Clerk was illegal due to violation of the relevant provisions of the Maharashtr....
An appointment made in violation of prescribed rules is void ab initio; no notice or hearing is required for cancellation as per legal principles governing natural justice.
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