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2026 Supreme(Online)(AP) 10516
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Battu Devanand, Subhendu Samanta, JJ
The State of Andhra Pradesh – Appellant
Versus
S Sasi Kumar – Respondent
WRIT APPEAL NO: 1258/2025 | WRIT APPEAL NO: 1259/2025
For the Appellants/Petitioners: GP FOR SERVICES I
For the Respondents: K RAGHU VEER, REGULAGADDA VENKATESH
Administrative staff shortages cannot be used as a justification to prevent employees from joining a post for which they have been duly selected and appointed, as such action violates their right to future prospects and Article 21 of the Constitution.
Headnote:The case involves the appointment of Senior Assistants as Assistant Section Officers in the A.P. Secretariat under a 12.5% quota. The respondents approached the court after the 3rd respondent refused to relieve them from their current duties to join the new posts. The court found that the action of withholding the employees was illegal and arbitrary, setting aside the order that cancelled their appointments. The primary issue was whether administrative difficulties or staff shortages could justify preventing employees from joining a post for which they were duly selected. The court reasoned that such actions adversely affect future prospects and are "violative of Article 21 of the Constitution of India," holding that "administrative difficulties cannot be permitted to stand in the way of the petitioners joining their posts." Accordingly, these writ appeals are dismissed. No costs.
| Table of Content |
|---|
| 1. facts regarding the appointment of senior assistants as asos and the subsequent refusal by the department to relieve them. (Para 1 , 2 , 3 , 4 , 6) |
| 2. administrative shortages cannot override the constitutional right to future prospects and legitimate appointments. (Para 5 , 7) |
| 3. dismissal of the appeals due to lack of legally sustainable grounds. (Para 8 , 9 , 10) |
(Special Original Jurisdiction)
Writ Appeal under clause 15 of the Letters Patent above named Appellants beg to present the Memorandum of appeal aggrieved by the order dated 21.08.2025 in W.P.No.10546 of 2023 passed by the Hon’ble Court for the following
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of orders in W.P.No.10546 of 2023, dated 21-08-2025 pending disposal of the Writ Appeal and pass
WRIT APPEAL NO: 1259/2025
Writ Appeal under clause 15 of the Letters Patent to allow the Writ Appeal by setting aside the orders dated 21.08.2025 in W.P.No.10103 of 2023
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of orders in W.P.No.10103 of 2023, dated 21-08-2025 pending disposal of the Writ Appeal
The Court made the following:
COMMON JUDGMENT:
(per Hon’ble Sri Justice Battu Devanand)
1. These writ appeals are filed by the State against the common order, dated 21.08.2025, in W.P. Nos.10546 and 1013 of 2023, passed by the learned Single Judge of this Court.
2. Heard the learned Government Pleader for Services-I for the appellants and Mr.K.Raghuveer, the learned counsel appearing for respondents and carefully perused the material available on record.
3. For convenience, the parties will hereinafter be referred to as they were arrayed in the writ petition.
4. The petitioners, who are working as Senior Assistants in the office of the 3rd respondent, were appointed as Assistant Section Officers in A.P. Secretariat under 12 ½ % quota by transfer, have approached this Court by filing writ petitions against the action of the 3rd respondent in not relieving them from their office to enable them to join as Assistant Section Officers in A.P. Secretariat. The said writ petitions were allowed by this Court, vide order dt.21.08.2025, and the impugned office order Ms.No.187, dt.24.04.2023 issued by the 1st respondent, wherein the appointments of the petitioners have been cancelled, is set aside and directed the respondents therein to relieve the petitioners from their respective posts in the office of the 3rd respondent within a period of four weeks from the date of order in terms of their appointment orders as Assistant Section Officers in A.P. Secretariat. It is also directed that the petitioners shall be permitted to be joined as Assistant Section Officers without any further hurdles on being relieved from the office of the 3rd respondent.
Against the said orders, these writ appeals are filed by the State.
5. We have carefully gone through the grounds raised by the appellants in the Memorandum of Grounds of Appeal. Out of the 11 grounds raised, not even a single ground is legally sustainable to entertain these appeals.
6. Admittedly, the petitioners were initially appointed as Junior Assistants through the selection process conducted by the A.P. Public Service Commission and were subsequently promoted to the post of Senior Assistants. Thereafter, by virtue of their length of service, they were appointed as Assistant Section Officers in the A.P. Secretariat Service under the 12½% quota, pursuant to Office Order Ms. Nos. 114 and 108 dated 16.03.2023 issued by the 1st respondent. Upon receipt of the said appointment orders, the petitioners submitted representations to the 3rd respondent requesting that they be relieved from the
