IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J SREENIVAS RAO, JJ.
Sushma B - Appellant
Versus
The National Fisheries Development Board - Respondent
Writ Appeal No.550 Of 2025
Decided On : 07-05-2025
JUDGMENT :
(Surepalli Nanda, J.)
Heard Sri Bobbili Srinivas, learned counsel appearing on behalf of the appellant/ petitioner and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.1 to 3.
2. The present writ appeal is preferred aggrieved by the order of this Court dated 29.04.2025 passed in W.P. No.13460 of 2025.
PERUSED THE RECORD:-
3. The impugned order dated 29.04.2025 passed in W.P.No.13460 of 2025 is extracted hereunder:
“Notice before admission.
Post on 01-07-2025.
In the meantime, both shall maintain the status quo until the next date of hearing.”
4. The letter No.NFDB/ Admn./ Dep/ 349/ 2022-23, dated 26.10.2023 of the 1st respondent herein addressed to the appellant/ petitioner is extracted hereunder:-
“ I am pleased to offer you the post of Senior Executive (Finance & Admn.) in Group A in the Pay Level-11 of VII CPC pay matrix on deputation basis (Foreign Servie Terms) for a period of 3 years. The appointment will be governed by terms and conditions as stipulated vide DoPT O.M.dated 08.09.2022 (copy enclosed) as amended from time to time.
You are requested to join NFDB, Hyderabad after getting relieved on or before 13.11.2023.
5. The letter No.NFDB/ Admn/ Dep/ 349/ 2022-23, dated 07.12.2023 issued by the 1st respondent to the appellant/ petitioner is extracted hereunder:
Smt. Sushma B, Administrative Officer, AIIMS, Mangalagiri, is hereby appointed to the post of Senior Executive (F&A) in the Pay Level 11(7 CPC) on deputation basis (Foreign Service terms) in the NFDB w ith effect from 01.12.2023 (FN)
The deputation period is for 03 years as per the offer of appointment (ref.1), w hich is further subject to grant of extension of deputation period beyond 28.04.2024 by the Parent Department (ref 2).
The appointment will be governed by the terms and conditions as stipulated vide DoPT's OM dated 08.09.2022 as amended from time to time. Smt. Sushma B, Senior Executive (F&A) is requested to submit option for fixation of the pay within one month from the date of issue of this order.
6. The appellant herein is the petitioner in W.P.No.13460 of 2025 and the same is filed seeking prayer as under:-
“.....to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring Proceedings bearing No. A-17.0014.0/4/2024-Budgacc_Part(1) dt 24.4.2025 issued by 1st Respondent rejecting Petitioners representation dt 26/2/2025 wherein Petitioner requested the 1st Respondent to forward her request for extension of deputation to 3rd Respondent as per the orders dt 26.10.2023 and dt 7/12/2023 issued by the 1st Respondent and also declaring the Office Note bearing A-17.0014.0/4/2024-Budg acc_Part(1) dt 25/4/2025 issued by the 1st Respondent as illegal unjust arbitrary and violative of Articles 14 and 21 of the Constitution of India vitiated by the colourable exercise of power and also vitiated by mala fide on the part of the 4th Respondent and consequentially set aside the impugned proceedings dt 24/4/2025 and dt 25/04/2025 and direct the 1st Respondent to forward Petitioners request for extension of deputation to 3rd Respondent and also direct the 3rd Respondent to extend the Petitioners deputation by condoning the delay on the part of the 1st Respondent and pass…”
DISCUSSION AND CONCLUSION:-
DISCUSSION:-
7. Learned counsel appearing on behalf of the appellant/ petitioner mainly puts-forth the following submissions:-
i) The impugned order, dated 29.04.2025 passed in W.P.No.13460 of 2025 directing status-quo to be maintained without considering the grant of interim prayer as sought for by the appellant/petitioner virtually defeats, the very purpose of the appellant/petitioner approaching this Court by filing W.P.No.13460 of 2025.
ii) In view of the impugned proceedings, dated 24.04.2025 and 25.04.2025 issued by the 1st respondent, i.e., the orders impugned in W.P.No.13460 of 2025 by the appellant herein, the appellant/petitioner cannot be retained and continued as Se
V. Vinod Rao v. Government of A.P.
Shyam Sel and Power Limited v. State
Midnapore Peoples' Cooperative Bank Ltd. v. Chunilal Nanda
Administrative decisions must be reasoned to ensure fairness and prevent arbitrary actions, particularly when they affect an individual's rights.
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
Termination of services without inquiry violates Articles 14 and 16 of the Constitution, necessitating a fair hearing and reasoned decisions.
Judicial review under Article 226 is limited to cases of apparent error and does not extend to reinstating employment post-candidature cancellation due to delays.
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