Statutory rules govern public employment appointments, and deviations without proper procedure or justification are impermissible, ensuring service integrity and fair opportunity for aspirants.

ORDER :

NYAPATHY VIJAY, J.

The present writ petitions are filed seeking a writ of quo-warranto against Respondent No.4 pursuant to his re-appointment as Director of Animal Husbandry vide G.O.Rt.No.285 dated 06.08.2025.

2. As the issue in these two writ petitions is common, with the consent of learned counsel, the matters were taken up for hearing and are disposed of by this common order.

3. The Petitioner in W.P.No.24508 of 2025 is a Gazetted Officers Association, while Petitioner Nos.1 and 2 in W.P.No.22832 of 2025 are Animal Husbandry Officers Service Association and Veterinary Assistant Surgeons Service Association and Petitioner No.3 is an individual aspiring to the post of Director of Animal Husbandry. Respondent No.4 had retired from service on attaining the age of superannuation on 31.07.2025. Prior to the age of superannuation, Respondent No.4 requested for extension of his service for a further period of one year on re-employment basis. Considering the request, vide proceedings dated 06.08.2025, Respondent No.4 was re- employed as Director of Animal Husbandry for a period of one year. The contention of the Petitioners is that the appointment of Respondent No.4 is contrary to the guidelines for re-employment vide G.O.Ms.No.1466, dated 22.08.2025 and the procedure prescribed therein was not followed. Secondly, it is stated that re-appointment beyond the age of superannuation is not supported by the rules nor any public interest is established in issuing orders of re-employment. It is also contended that impugned order hits the promotional avenues of aspirants for the said post and contrary to the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984.

4. In the counter affidavit filed by Respondent Nos.1 and 4, it is stated that Respondent No.4 had addressed letter No.1/Peshi, dated 11.07.2025 to the Government requesting for extension of service as Director of Animal Husbandry for one more year so as to carry forward goals and identified objectives and programs as per State’s vision. On the said request, Respondent No.4 was informed that proposal for extension is not feasible as per rules in vogue and that the Government had issued guidelines for re-appointment of retired officers on contract/outsourcing basis vide G.O.Ms.No.1466, G.A. (Poll.C) Department, dated 20.08.2024 and as per the guidelines therein, the proposals for re-employment are to be placed before the Screening Committee in a prescribed pro-forma as per U.O Note No.2488533/Poll.C/2024,GA (Pol.C) Department, dated 28.01.2025.

5. The Respondent No.4 was directed to furnish the proposal in the prescribed pro-forma for taking further action. It is also stated that 15 public representatives have recommended to consider the request of the Respondent No.4 for re-appointment on the above requests. The issue was placed before the Screening Committee as notified by G.O.Rt.No.1466, dated 22.08.2024. It is also stated that in the interregnum, Respondent No.4 had retired from service on attaining the age of superannuation and in-charge arrangements were made by appointing Special Chief Secretary to Government through Memo No.2924043/AH.1/A.1/2025, dated 01.08.2025. In view of the administrative exigency, despite placing the proposal before the Screening Committee, it was decided to obtain circulation orders from the Chief Minister, as per the A.P. Business Rules, 2018, and as per the procedure laid down in G.O.Rt.No.1466, dated 22.08.2024. It is stated that only G.O.Rt.No.1466, dated 22.08.2024 provides for obtaining circulation orders from Chief Minister due to administrative exigencies.

6. It is stated that the file bearing No.2918111 has been circulated and the Chief Secretary of A.P. had recommended the proposal of Respondent No.4 for appointment and the Chief Minister approved the recommendation. Accordingly, Respondent No.4 was re-appointed as Director of Animal Husbandry against the sanctioned post on a re-employment basis vide impugned orde