Administrative circular cannot override government resolution permitting reappointment of a regularly selected fixed-pay employee to original cadre.

An administrative circular could not override the governing Government Resolution permitting reappointment of a regularly selected employee to his original cadre. The employee had been appointed on fixed pay, relieved to join another post, and sought return to the original post within a short period; refusal was based only on non-completion of five years' service, which was not a valid ground under the applicable policy. The High Court therefore treated the denial of reappointment as unjustified and held that the employee was entitled to be reappointed as Deputy Mamlatdar. The case reinforces that a circular cannot curtail benefits expressly available under the controlling policy.

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Issues: Whether a regularly selected employee appointed on fixed pay and later relieved to join another post could be denied reappointment to his original cadre on the basis of an administrative circular, despite an existing government resolution permitting reappointment.

Analysis: The petitioner had been selected through the regular recruitment process and appointed on fixed pay. He was relieved to join another post and sought reappointment to his original post within a short period. The circular relied upon by the Department only regulated reappointment after resignation and prior approval, but it could not override the Government Resolution that permitted reappointment of regularly selected employees to their original cadre. The denial was based only on the fact that the petitioner had not completed five years' service, which was not a valid ground to refuse the benefit of the governing policy. The Court also noted that the petitioner's case stood on a stronger footing because he had not merely abandoned service, but had sought permission and then requested return to his original post.

Conclusion: The denial of reappointment was unjustified. The petitioner was entitled to be reappointed as Deputy Mamlatdar, and the contrary administrative action was set aside.

Ratio Decidendi: An administrative circular cannot prevail over a governing government resolution, and a regularly selected employee on fixed pay may be reappointed to the original cadre when the applicable policy permits such reappointment.

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