V Suma Kalyani Vs the State of Ap

M. Suneel Yadav, S/o. late M. Surya Narayana, Aged^{about37years,} Occ; Senior Assistant, O/o. C&DA, AP, Guntur, R/o.^{Chuttugunta,Opp} Chuttugunta Rythu Bazar, Guntur.

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G. Aswartha Narayana, S/o. late G. Yerri Swamy.^{Agedabout48years,} Occ; Senior Assistant, O/o. C&DA, AP, Guntur, R/o.^{Chuttugunta,Opp} Chuttugunta Rythu Bazar, Guntur.

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Shaik Shahabuddin, S/o. late Shaik Rukmuddin, Aged^{about49years,} Occ- Senior Assistant, O/o. C&DA, AP, Guntur, R/o.^{Chuttugunta,Opp} Chuttugunta Rythu Bazar, Guntur.

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M. Srihari Rao, S/o. late M. Venkateswarlu, Aged^{about52years,Occ-} Senior Assistant, O/o. C&DA, AP, Guntur, R/o. Chuttugunta, Opp Chuttugunta Rythu Bazar, Guntur. ...Petitioners

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AND

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The State of Andhra Pradesh, Rep by its Chief Secretary, General Administration Department, Velagapudi, Amaravathi,^{GunturDistrict.}

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The State of Andhra Pradesh, Rep by its Principal Secretary, Agriculture and Cooperation Department, Velagapudi, Amaravathi, Guntur District. The Special Commissioner of Agriculture, 0/o.The Commissioner^and Director of Agriculture, Old Mirchi Yard, Chuttagunta,^{GunturDistrict,} A.P.

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The Deputy Director of Agriculture Admin, 0/o.The Commissioner^and Director of Agriculture, Old Mirchi Yard, Chuttagunta,^{GunturDistrict,} A.P.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly,^{oneinthenature} of Writ of Mandamus declaring the action of the and^{4*^Respondentsinnot} relieving the petitioners from office of the 3'^'^^{respondenttoreport} in the General Administrative Department since the five are appointed as Assistant Section Officer in AP Secretariat Rules under 12 Vi% Quota by transfer vide Office Order Ms.Nos.144,145, 146, 135, 136 dated 16.03.2023 and consequently direct the 2 nd respondent to relieve the petitioners to join as the Assistant Section Officers in the AP Secretariat forthwith^{toset-asidethe} Impugned Office Order Ms. No 186 dated 24-04-2023 issued^bythe 1® respondent as illegal arbitrary and contrary to rule^{4classBSerialNo.4,(III)} and note 2 (b) of annexure I of A.P. Secretariat Rules^{whereinaratioof121/2} percent fixed for appointment by transfer of Assistant^{Sectionofficersincycle} of 72 Vacancies and pass such other order or orders^{asthisHon’bleCourt} may deem fit and proper in the interest of justice.

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(Main Prayer amended/substituted as per Court Order^{dated03.09.2025} vide lA No.2 of 2023 in WP No.10163 of 2023)

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\A NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3^^ respondent to relieve the petitioners from the post of Senior Assistants forthwith by directing the 1®' respondent to permit the petitioners to join as Assistant Section Officers in the AP Secretariat, as per the Office order Ms.No's.144,145, 146, 135, 136 dated^{16.03.2023forthwith} pending disposal of the Writ Petition in the interest of justice.

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lA NO: 3 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of office order MS 186 dated 24-04-2023 issued by the 1®' respondent by directing the respondent 1 and 3^{torelieveandadmitthe} petitioners as assistant section officer in AP secretariat forthwith pending disposal of the writ petition.

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lA NO: 4 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to post the above WP.No. 24714 of 2022 under the caption For Being Mention" to correct the typographical error in the interim order passed in I.A.No.3 of 2023 in W.P.No.10163 of 2023 dt; 27-04-2023 Office^{OrderMs.No.114and} 186" as "Office Order Ms.No.186".

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Counsel for the Petitioners: SRI K. RAGHU VEER

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Counsel for the Respondent No.1 : GP FOR SERVICES I Counsel for the Respondent Nos.2 to 4 : GP FOR SERVICES^II

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APHC010206822023

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WRIT PETITION NO: 10676 OF 2023 /

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Between:

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V. Suma Kalyani, D/o. Prabhakar, Aged about 35 years, Occ: Senior Assistant, O/o. Commissioner and Director of Agriculture A.P. Chuttugunta, Guntur, Guntur District.

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P. Naga Raju, S/o. Poornachandra Rao, Aged about 37 years, Occ; Senior Assistant, O/o. Commissioner and Director of Agriculture, A.P. Chuttugunta, Guntur, Guntur District.

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N. Sarada, D/o. N. Ranga Reddy, Aged about 36 years, Occ; Senior Assistant, O/o. Commissioner and Director of Agriculture, A.P. Chuttugunta, Guntur, Guntur District.

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B. Punyavathi, D/o. B. Brahma Reddy, Aged about 36 years Occ; Senior Assistant, O/o. Commissioner and Director of Agriculture, A.P. Chuttugunta, Guntur, Guntur District.

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Shaik Matheen, W/o. Sk. Basha Mohiddin, Aged about 41 years, Occ; Senior Assistant, O/o. Commissioner and Director of Agriculture, Presently working in the Office of District Agriculture Officer (on OD basis), Nellore, Andhra Pradesh.

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...Petitioners

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AND

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The State of Andhra Pradesh, rep. by its Chief Commissioner (RBKs) and Principal Secretary, Agriculture and Cooperation Department, A.P., Secretariat, Velagapudi, Amaravati, Guntur District - 522 503.

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The State of Andhra Pradesh, rep. by its Secretary to Government, General Administration Department, .A.P., Secretariat, Velagapudi, Amaravati, Guntur District - 522 503.

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f 3. The Special Commissioner of Agriculture, O/o. Commissioner and Director of Agriculture, A.P. Chuttugunta, Guntur,^{GunturDistrict.} ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly^{oneinthenatureof} WRIT OF MANDAMUS to declare the action of the 2"'^ respondent in cancelled the appointment orders issued in favour of^{thepetitionerstojoinas} A.S.Os under 1272% quota vide impugned Office Order Ms.No. 186 dt. 24.4.2023 on the request of the 3rd respondent though the petitioners selected vide Office Order Ms. Nos. 111,116,117,118^{and119dt.16.3.2023} and Memo No. 1783632/SU.11/2022-5 dt. 18.4.2023 and not relieving the petitioners to join in A.P. Secretariat Services on^{parwithotherHeadofthe} Department candidates is highly illegal, arbitrary,^{discriminatoryandViolative} of Article 14,16,19 and 21 of the Constitution of India^{andhencetheimpugned} cancellation Office Order Ms. No. 186 dt. 24.4.2023^{isliabletobesetaside} and consequently direct the 2 nd respondent authority to withdraw the impugned Office Order Ms.No. 186 dt. 24.4.2023 as the^{petitionersselected} for appointment as A.S.Os under 12 1/2 percent quota^{aspertheOfficeOrder} No. Ms. Nos.111,116,117,118 and 119 dt. 16.3.2023 and Memo 1783632/SU. 11/ 2022-5 dt. 18.4.2023 and allow to join the petitioners as Assistant Section Officers in A.P. Secretariat Service by relieving the petitioners from the 3'^^ respondent office.

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,

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition,^{theHighCourtmaybe} pleased to direct the 2'^^ respondent to allow to join^{thepetitionersasA.S.Os} in the A.P. Secretariat Service in view of the Office Order Ms. Nos.111,116,117,118 and 119 dt. 16.3.2023 and Memo^{No.1783632/SU.II/} 2022-5 dt. 18.4.2023 by suspending the impugned Office^{OrderMs.No.186}

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f

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dt. 24.4.2023 by directing the 3'^’ respondent to relieve the petitioners forthwith to join as A.S.Os, pending disposal of the Writ Petition.

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Counsel for the Petitioners: SRI K. SATYANARAYANA MURTHY Counsel for the Respondent Nos.1 & 3 : GP FOR SERVICES^II ' Counsel for the Respondents No.2 : GP FOR SERVICES I

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The Court made the following Common order:

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f*

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HON'BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.Nos.10163 and 10676 of 2023

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COMMON ORDER:

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As the issue in these two writ petitions is common,^withthe consent of both the learned counsel, the writ petitions are disposed of by a common order.

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for not 2. Both the writ petitions are filed by the Petitioners relieving them from the Office of the 3'"* Respondent^astheywere appointed as Assistant Section Officers in A.P. Secretariat^under 12 Va % quota by transfer and for consequential direction to relieve them to join as the Assistant Section Officers in the A.P.Secretariat forthwith.

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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^asJunior 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-ll) calling upon

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applications for preparation of panel of Senior Assistants/Senio r 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 72 % 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^forfeitthe

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rights of appointment and hence, the Petitioners are^requesting for immediate relieving orders.

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It is stated that there are 36 Senior Assistants in^theOffice 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^{postvacatedby} the Petitioners. However, as no relieving orders are being passed, the present writ petition is filed.

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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^ofRespondent No.3, as there are no candidates available to fill^{upthevacancies.} 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.

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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.

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Learned counsel for the Petitioners argued that the applications of the Petitioners were forwarded by Respondent No.3 as mentioned above in January, 2023 and had refused to relieve the Petitioners on account of dearth of Senior Assistants in March, 2023. Learned counsel would contend that the Respondent No.3 having forwarded the names of the Petitioners for appointment as Senior Section Officers in the Secretariat could not have turned around and contend that there is shortage of manpower.

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Learned Government Pleader would contend that the letter dated 20.04.2023 of Respondent No.3 seeking for cancellation^of appointments of the Petitioners is not borne out any^malafide intent, but only on account of lack of manpower and it is on the said reasoning, the Respondent No.1 issued impugned proceedings seeking for cancellation of the appointment^ordersof

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a

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the Petitioners and the same have not been interfered^with. It is further stated that the Petitioners have further avenues of promotion in the Office of Respondent No.3 and therefore, the Petitioners need not insist for appointment in the^{Secretariatas} Assistant Section Officers.

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Having heard the respective counsel, the issue that^fallsfor consideration is, whether the reasons given for passing the impugned orders by the Respondents are sustainable?.

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Reasoning: Firstly, the notification calling for^{willingnessto} be appointed as Assistant Section Officer in the A.P.Secretariat under A.P. Secretariat Service Rules, 1999 dated 22.12.2022 was brought to the notice of the Petitioners and the^Petitioners expressed their willingness to join the said post.^{TheRespondent} No.3 had forwarded the same for consideration of the^casesof the Petitioners for appointment as Assistant Section Officer. Respondent No.3 having sponsored the names of the Petitioners for appointment as Assistant Section Officers could not have turned around to deny the appointment of the Petitioners^onthe ground that there is dearth of manpower.

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Secondly, at paragraph 13 of the Counter affidavit, it is stated that the impugned orders of cancellation were passed in exercise of power under Rule 10(e) of the A.P. State and Subordinate Service Rules, 1996. It is to be noted that the power of cancellation of appointment available under Rule 10(e) of the Rules is with regard to the appointments made under Rule 10(a) of the Rules. For better clarity, the Rule 10 (a) and (e) of the A.P.State and Subordinate Service Rules, 1996 are extracted below;

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“(10) Temporary Appointment Including Appointments by Direct recruitment Including appointments by Direct Recruitment ,Recruitment/appointment by Transfer or by Promotion: (a) Where it is necessary in the public interest to fill emergently a vacancy in a post borne on the cadre of^a service, class or category and if the filling of such vacancy in accordance with the rules Is likely to result in undue delay the appointing authority may appointing a person temporarily, otherwise than In accordance with the said rules, either by direct recruitment or by promotion or by appointment by transfer, as may be specified as the^method of appointment in respect of the post, in the special^rules. (b) (c) (d)

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(e) The appointing authority shall have the right to terminate the service of a person who has been appointed under sub-rule (a), at any time, without assigning^anyreason and without any notice if appointed by direct recruitment revert to a lower category or grade, if promoted, or^revertto the post from which such appointment by transfer w/as made, if appointed by transfer.

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(f) (9) (h) (i)

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The Rule 10 heading suggests with regard to temporary appointments and modalities thereto. The Rule 10(a)^statesthat appointments can be made on temporary basis where it is necessary in the public interest to fill emergently^avacancy.The temporary appointment could be on direct recruitment/promotion

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or by appointment by transfer. The Rule 10 (e) states^thatthose individuals appointed on temporary basis either on direct recruitment/promotion or by appointment by transfer^underRule 10(a) can be reverted or terminated without assigning^anyreason under Rule 10(e) of the Rules.

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In the present case, the Rule 10 (a) or (e) have no application to the facts of the case as the notification dated

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22.12.2022 is for appointment on regular basis as per the statutory channel of appointment by transfer provided^underA.P. Secretariat Subordinate Service Rules, 1997. The notification dated 22.12.2022 refers to the above channel of appointment by transfer under Rule 4 Class-B(4) of the A.P. Secretariat Subordinate Service Rules, 1997. For clarity, the Rule^4Class- B(4) of the A.P. Secretariat Subordinate Service Rules,¹⁹⁹⁷ is extracted below;

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Assistant Section Officer.

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(i)

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(ii)

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(iii)By appointment by transfer of

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Senior Assistants from the Offices of Head of Departments Governed by the Andhra Pradesh Ministerial Service or the Andhra Pradesh Judicial Ministerial Service or the Andhra Pradesh High Court Service or the Andhra Pradesh Public Service Commission.

(iv)

M

(Vi)

(vii)

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The above Rule makes it explicit that the appointment by transfer to the post of Assistant Section Officer is through a legalised mode only and not out of any benevolent act^ofthe Respondents. As the appointment of the Petitioners is through a statutorily recognised channel of appointment by transfer, the Rule 10(a) or (e) of the Rules has no application to^thefactsof the case.

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Thirdly, it is to be noted that the notification was^issuedas there was deficit man-power in the cadre of Assistant^Section Officer in the Secretariat and the impact of the impugned^orderis that the deficient man power in the cadre of Assistant^Section Officer in Secretariat remains. The cancellation of the appointment orders should be the last resort and denying employment to the Petitioners in a way amounts to a compulsory service as Senior Assistant.

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Every employee has a right of career planning and their career progress cannot be curtailed except in cases of duties involving emergent nature. In the present case, the Respondent No.3 could have exercised power under Rule 10(a) of^theRules

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and appointed individuals in the vacancies of the Petitioners and sought time for the said purpose from Respondent No.1^torelieve the Petitioners rather than cancelling their appointments in entirety.

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For the aforesaid reasons, the writ petitions are allowed with following directions:

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(a) The impugned Office Order Ms.No.186 dated 24.04.2023 issued by Respondent No.1 is set-aside.

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(b)The Petitioners shall be relieved from their respective posts in the Office of Respondent No.3 within a period of four (04) weeks from today in terms of their appointment orders as Assistant Section Officers in A.P. Secretariat.

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(c) On being relieved from the Office of Respondent No.3, the Petitioners shall be permitted to be joined as Assistant Section Officer in A.P. Secretariat without any further hurdles.

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(d) No orders as to costs.

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As a sequel, pending applications, if any, shall stand^closed.

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Sd/- K J RAJA BABU //TRUE COPY// assistant RE^STRAR section" officer

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To.

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The Chief Secretary, General Administration Department, State of /

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Andhra Pradesh, Velagapudi, Amaravathi, Guntur District.

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The Principal Secretary, Agriculture and Cooperation^{Department,State} z'

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of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District.

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The Special Commissioner of Agriculture, 0/o.The^{Commissionerand} Director of Agriculture, Old Mirchi Yard, Chuttagunta,^{GunturDistrict,} A.P.

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The Deputy Director of Agriculture Admin, 0/o.The^{Commissionerand} Director of Agriculture, Old Mirchi Yard, Chuttagunta,^{GunturDistrict,} A.P.

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The Chief Commissioner (RBKs) and Principal Secretary, State of Andhra Pradesh, Agriculture and Cooperation Departmerit, A.P., Secretariat, Velagapudi, Amaravati, Guntur District^-522503.

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The Secretary to Government, General Administration^Department, State of Andhra Pradesh, A.P., Secretariat, Velagapudi,^Amaravati, Guntur District - 522 503. /' /

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