Back
2025 Supreme(AP) 1274
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
W.P. Nos. 10163, 10676 of 2023
Decided On : 03-09-2025
For the Appellants/Petitioners:
The appointment by transfer as Assistant Section Officer must follow statutory channels, and cancellation based on manpower issues cannot justify denying employment.
Headnote:This judgment relates to writ petitions seeking relief from refusal to allow the petitioners to join as Assistant Section Officers in the A.P. Secretariat. The court highlighted the legal basis of the appointment process under applicable rules including Rule 10 of the A.P. State and Subordinate Service Rules. The core issue involved the validity of cancellation orders based on alleged manpower shortages, with findings suggesting improper reliance on said grounds by the respondents. Ultimately, the court set aside the cancellation order and directed the petitioners to be relieved to assume their new roles promptly.
| 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 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 and Respondent No.3 approved the applications and forwarded the same to Respondent No.1. The Respondent No.1, after verifying the applications of the Petitioners and considering their length of service, issued Office Order Ms.No.144, 145, 146, 135 and 136 dated 16.03.2023 appointing the Petitioners as Assistant Section Officers in A.P. Secretariat under 12 ½ % quota and the same was communicated to Respondent No.3 as well as to the Petitioners.
5. On receipt of the appointment orders, the Petitioners approached Respondent No.3 and requested to relieve them from the post of Senior Assistant so as to enable them to report as Assistant Section Officer in A.P. Secretariat service. However, no action was taken thereon and the Petitioners are not being relieved by Respondent No.3. As per the appointment order issued vide Office Orders referred above, the Petitioners were called upon to report to duty before General Administration Department within 15 days and on failure, they shall forfeit the rights of appointment and hence, the Petitioners are requesting for immediate relieving orders.
6. It is stated that there are 36 Senior Assistants in the Office of Respondent No.3 and there is no shortfall of manpower and the Junior Assistants also be appointed by transfer from the District/Unit Headquarters in the Senior Assistant post vacated by the Petitioners. However, as no relieving orders are being passed, the present writ petition is filed.
7. In the counter affidavit filed by the Respondents, it was stated that Respondent No.3 had addressed a letter to Respondent No.1 on 20.04.2023 stating that there is acute shortage of staff in the Office of Respondent No.3 and it would be difficult if the seniors are relieved from the Office of Respondent No.3, as there are no candidates available to fill up the vacancies. Therefore, Respondent No.3 sought for cancellation of the appointment orders of the Petitioners. It is further stated that pursuant to the same, Respondent No.1 passed Office Order Ms.No.186 dated 24.04.2023 cancelling the appointment orders of the Senior Assistants.
8. In the counter affidavit it was further stated that the power of cancellation of appointments is traceable to Rule 10(e) of the A.P. State and Subordinate Service Rules and as the reason given by Respondent No.3 was found to be germane, the appointments of the Petitioners were cancelled.
9. Learned counsel for the Petitioners argued that the applications of the Petitioners were forwarded by Respondent No.3 as ment
