ORDER :

1. This Writ Petition under Article 226 of the Constitution of India is filed seeking the following relief:

“.......to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Junior Assistant Officer, though the petitioners were eligible and qualified for the panel year 2020-21 and not promoting them as Junior Accounts Officers as illegal, arbitrary and violation of Articles 14 and 16 of the Constitution of India and also in violation of Rule 6 of the Andhra Pradesh Stat and Sub Ordinate Service Rules, and consequently direct the respondents to consider the cases of the petitioners for promotion to the post of Junior Accounts Officers in the panel year 2020-21 and promote them on par with juniors with all consequential benefits including seniority and to pass such other order......”

2. The case of the petitioners in brief is that in pursuance to the selection made by made Andhra Pradesh Public Service Commission, petitioner Nos. 1 and 2 were appointed as Junior Assistants in the Office of the 2nd respondent on 09.04.1999 and 23.08.2013 respectively. Later, the petitioners were promoted as Senior Accountants on 16.11.2017 and their services were also got regularised by the Joint Director of Treasuries and Accounts in the cadre of Senior Accountants vide proceedings dated 18.06.2018 w.e.f. 10.11.2017. Later, the 2nd respondent was pleased to prepare the seniority list of Senior Accountants whose services were regularized on 01.09.2018, wherein the petitioners were placed at S. No. 108 and 109 respectively. It is submitted that the Additional Director (FAC) was pleased to declare the probation of the petitioners in the cadre of Senior Accountants w.e.f. 10.11.2018 and 29.11.2018 respectively. It is further submitted that the Andhra Pradesh Public Service Commission issued notification calling applications from the eligible candidates for the Departmental Tests May 2020 session vide notification dated 01.07.2020 and accordingly, the petitioners have applied for the same. Subsequently, the APPSC has issued hall tickets fixing examination dates from 25.08.2020 to 28.08.2020. But whereas, the examinations were not conducted as per the schedule mentioned in the hall ticket and the same was postponed. Later, the APPSC issued fresh notification inviting applications for departmental tests May-2020 session, wherein it is stated that those who applied in pursuance of earlier notification, need not apply. It is further submitted that the APPSC after conducting departmental test declared the petitioners as eligible candidates.

3. While the things stood thus, the 2nd respondent vide memo dated 04.12.2020 requested to furnish the particulars of all the Senior Accountants who have completed two(02) years of service as on 01.09.2020 in the prescribed nomination form on or before 18.12.2020 to prepare the panel of eligible and qualified Senior Accountants for promotion to the post of Junior Accounts Officer of Branch-I of Treasuries and Accounts Department for the panel year 220-21. Accordingly, the petitioners herein submitted their nominations to the 2nd respondent for consideration. It is submitted that the 2nd petitioner also made a representation dated 12.03.2021 requesting to consider the case of the petitioners for promotion for the panel year 2020-21, since there is mistake on their part and the APPSC delayed the departmental tests for which petitioner cannot be deprived. Later, the petitioners also submitted revised nominations to the 2nd respondent only after passing the departmental tests. The 2nd respondent issued memo dated 18.08.2021 requesting all the unit officers to furnish all the particulars of all the Senior Accountants who have completed two years of service as on 01.09.2021 along with ACRs up to 2020-21. But the 2nd respondent without preparing the panels under Rule 6 of the Andhra