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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
. – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. factual background of employment applications and orders. (Para 2 , 4 , 5 , 6) |
| 2. arguments regarding cancellation based on manpower shortage. (Para 9 , 10) |
| 3. determining the sustainability of the cancellation orders. (Para 11 , 12 , 16) |
| 4. court's evaluation of cancellation validity and legal authority. (Para 13 , 14 , 15 , 17 , 18) |
| 5. final directions and ruling of the court. (Para 19) |
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.10163 of 2023 is taken up as lead case for narration of facts.
4. The Petitioners were appointed in Agricultural Department in different posts on different dates and were promoted as Junior Assistants and Senior Assistants in HoD. While so, on 22.12.2022, the Respondent No.1 iss
The appointment by transfer as Assistant Section Officer must follow statutory channels, and cancellation based on manpower issues cannot justify denying employment.
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 vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
Fixed quotas for recruitment cannot be overridden by administrative decisions, affirming the supremacy of statutory provisions over executive instructions.
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....
Acceptance of a lower post without objection precludes a candidate from seeking appointment to a higher post on compassionate grounds at a later stage.
The court established that appointments made during probation are conditional and can be revoked based on subsequent merit evaluations.
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