DIRECTOR OF HEALTH A P HYDERABAD Vs. P VEERABHADRA RAO
HIGH COURT OF ANDHRA PRADESH
PRINCIPAL SECRETARY TO GOVERNMENT
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(1.)IN all these Writ Petitions, common questions of law and fact arise for consideration; therefore, they are being disposed of by this common Order.
(2.)THE Writ Petitions are directed against Orders dated 13-12-2006 made in o. A. No. 5655 of 2006, dated 14-7-2006 in O. A. No. 4312 of 2006 and dated 18-1-2007 in O. A. No. 5742 of 2006 on the file of Andhra Pradesh Administrative Tribunal at hyderabad, whereunder the applications filed by the respondents herein complaining as to non-extension of the benefits under G. O. Ms. No. 145, General administration (Services-D) Department, dated 15-6-2004, were allowed and the respondents therein were directed to include the name of the applicants for the panel year subsequent to the year 2003-04 for effecting promotion to the post of deputy Civil Surgeon.
(3.)THE respondents, when they were promoted to the post of Deputy Civil surgeon in the Health Department of Government of Andhra Pradesh, have either declined promotion or did not join within 15 days from the date of promotion as required under unamended Rule 11 (b) of the Andhra Pradesh State and Subordinate service Rules,1996 (for short 'the Rules'), which reads as under:
"time to join a post on appointment otherwise than by direct recruitment: a person appointed to a post, otherwise than by direct recruitment, shall be allowed a joining time of 15 (fifteen) days from the date of receipt of the order of appointment sent to the candidate by registered post with acknowledgment due or by any other means. If a person fails to join the post, within the period of 15 (fifteen) days or evades to join the post by proceeding on leave, the offer of appointment shall be treated as automatically cancelled and the name of the candidate shall be deemed to have been omitted from the list of the approved candidates and he/she shall forfeit his/her right of appointment both for the present and in future for the post. "
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