HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.42544 of 2022

ORDER:

Heard Sri A. Rajendra Babu, learned counsel appearing on behalf of the petitioner, and learned Government Pleader for Services-I , appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a writ, order, or direction more particularly in the nature of writ of Mandamus declaring the Letters No.392/C/2022, dated 30.08.2022 and reiterated on 27.09.2022 and in Letter No.430/C/2022, dated 27.09.2022 and further the Letter No.434/C/2022, dated 10.10.2022 and Letter No.456/C/2022, dated 17.10.2022, is arbitrary, illegal, colourable exercise of power and in violation of Article 14, 16 of the Constitution of India, and to issue a consequential direction to the respondents to permit the petitioner to join in duty as per the appointment order in proceedings No.151/A1/RDDMZ-2 Hyd/2022-23, dated 21.07.2022 by extending time to join duty as Assistant Audit Officer beyond 60 days with all consequential benefits and to pass such other order or orders which are deemed fit and proper in the circumstances of the case.”

3. The case of the petitioner, in brief, is that pursuant to Notification No.31/2007 (Group-I Services), dated 21.01.2008, issued by the Andhra Pradesh Public Service Commission (APPSC), the petitioner applied and had qualified in the written and interview examinations, securing a total of 480 marks, and thereby became eligible for appointment as Assistant Audit Officer. One Gangavarapu Joseph Kumar, who also secured 480 marks, did not join the post in Zone VI. The Andhra Pradesh Administrative Tribunal, in OA.No.9803/2012 by order dated 25.03.2014, directed the appointment of the petitioner, which was upheld by the Division Bench of the High Court in WP.No.33042/2014 by order dated 29.01.2018. The respondents filed SLP(C) Nos.7864–7865 of 2020 before the Hon’ble Supreme Court, which were dismissed on 20.05.2022, thereby confirming the petitioner’s appointment. An appointment order was issued on 21.07.2022, requiring the petitioner to join the post within 60 days. Due to personal reasons, the petitioner submitted a representation on 24.08.2022 seeking an extension of the joining time till 31.10.2022, which was rejected. The petitioner also submitted further representations dated 20.09.2022, 04.10.2022, 13.10.2022, and 21.10.2022, which were similarly rejected by the respondents, citing Rule 11(A) of the TS State Subordinate Rules. Aggrieved by the same, the petitioner has filed the present Writ Petition.

4. PERSUED THE RECORD:

A. The counter affidavit has been filed on behalf of respondent Nos.1 to 3, and in particular, paragraph Nos.4 and 8 are extracted hereunder:

“4. In reply to para (11) of the petition, it is respectfully submitted that the petitioner made a representation to the 2^nd respondent on 24.08.2022 seeking extension of time for joining till 31.10.2022 on personal grounds. The 2^nd respondent informed the petitioner vide Lr.No. 392/C/2022, dated 30.08.2022 that his request for extension of joining time cannot be considered, in view of Rule 11(a) of Telangana State and Subordinate Rules, 1996 which provides that "if a candidate appointed by direct recruitment either through TSPSC or through any other agency does not join the post within stipulated period of 60 days, the offer of appointment shall be treated as automatically cancelled and the name of the candidate shall deemed to be omitted from the list of approved candidates.

8. It is respectfully submitted that there is a catena of judgments of the Hon'ble Supreme Court and various High Courts wherein it is held that extension of time for joining a post cannot be granted as a matter of right. In the matter of HARYANA VIDYUT PRASARAN NIGAM AND ANOTHER v. MUKESH KUMAR, reported in (2004) 13 SCC 596, the Hon'ble Supreme Court observed that there is no legal obligation to extend the period of joining and held therein as follows:

"8....This only