IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18879 of 2011 Date:06.07.2011 Between: D. Sri Venkata Sastry and another .....Petitioners AND Girijan Cooperative Corporation Limited, rep. By its Vice Chairman and Managing Director, Visakhapatnam and 2 others. ....Respondents THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18879 of 2011 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the proceedings of the 1st respondent in Rc.No.446/2011 Admn-1, dated 1.7.2011 the as arbitrary, illegal, contrary to the service rules and consequently direct the respondents to continue the services of the petitioners as Junior Accountant and Junior Typist respectively with all consequential and attendent benefits. 2. Heard the learned counsel for the petitioners and the learned standing counsel appearing for the 3rd respondent. 3. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioners are the employees of Girijan Cooperative Corporation Limited. Initially they joined in the service as Measure-cum-Watchman in the year 1991 and 1990 respectively and later they became Salesmen. Presently they are working in Telangana region at Hyderabad. Both the petitioners are graduates and having requisite experience and qualification for promotion to the post of Junior Accountant and Junior Typist. The respondents corporation has issued circular dated 27.10.2010 to fill up certain vacancies from in service candidates. Consequently, both the petitioners have applied for the said posts and the respondents corporation considered the applications of the petitioners for the said posts and the petitioners were promoted as Junior Accountant and Junior Typist by proceedings dated 23.12.2010 and accordingly the petitioners joined in the said posts immediately on the same day. But, subsequently the 1st respondent issued proceedings dated 01.07.2011 cancelling the promotions of the petitioners without giving any prior notices to them. Hence, this writ petition is filed. 4. The contention of the learned counsel for the petitioners is that the respondents issued the impugned proceedings to the petitioners cancelling their promotions without giving any notices to the petitioners violating the principles of natural justice and hence the impugned proceedings are liable to be set aside. 5. On the other hand, the contention of the learned counsel for the 3rd respondent is that the promotions of the petitioners were cancelled on the ground that the person who has given the promotions is not the competent authority to give such promotions to the petitioners. Even if the promotions given to the petitioners are illegal, the same should not have been cancelled, without giving an opportunity. Procedural fairness embodying natural justice is to be implied whenever action is taken affecting the rights of parties. If such is the case, the respondents should have given notices to the petitioners before issuing the impugned proceedings cancelling their promotions. Thereby, the respondents violated the principles of natural justice. Hence, the impugned proceedings dated 01.07.2011 of the respondents are set aside and the respondents are at liberty to take appropriate action with regard to reversion of the petitioners by giving reasonable opportunity to them to give their explanations and thereafter pass appropriate orders in accordance with law. 6. Subject to the above observations, the writ petition is disposed of. There shall be no order as to costs. _______________ K.C.BHANU,J Date: 06th July, 2011. Gk THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18879 of 2011 Date: 06.07.2011 Gk.