ORDER :

Heard Mr. J. Sudheer, the Learned Counsel appearing on behalf of the Petitioner, the Learned Government Pleader for Medical, Health and Family Welfare appearing on behalf of Respondent Nos.1 & 2 and learned Government Pleader for Services-I.

2. This Writ Petition is filed to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to:

a) Call for the records issued by 2nd Respondent pertaining to the seniority list of Junior Assistants Proc.Rc.No.10726/E3E/2017 dated 01.09.2017 and also the seniority list of Seniors Assistants Proc. Rc. No.10726/E3E/2017 dated 01.09.2017 and to set them aside for treating the petitioners as Juniors to those Junior Assistants who were appointed before 03.05.1993 in the cadre of Junior Assistants and to place the petitioners above all the Junior Assistants who were appointed after 03.09.1993 as Junior Assistants and

b) To Promote the petitioners as Senior Assistants with effect from the date on which their immediate Juniors in the cadre of Junior Assistant were promoted as Senior Assistants and further to promote them as Superintendents/Administrative Officers with effect from the dates of their Juniors got promoted to such cadres.

c) by holding the action of the respondents in misinterpreting the GO MS. No. 77 dated 26.02.2009/policy decision of the Government that the petitioners have to pass the test as on date of the juniors got promoted as bad, illegal and declare that the petitioners having passed the test within 2 years from the date of GO MS. No. 77 dated 26.07.2009 are entitled for promotions as Senior Assistants/Superintendents/Administrative officers and above on par with the Juniors of the Petitioners.

3. The case of the Petitioners, in brief, as per the averments made in the affidavit filed in support of the present writ petition is as follows:

a) The Petitioners were employees from Hyderabad Allwyn Ltd., (HAL). The Government issued GO Ms. No. 87 dated 24.03.2003 and GO Ms. No. 337 dated 17.11.2003, giving modalities to absorb employees of Hyderabad Allwyn Employees, redeployed from Hyderabad Allwyn Ltd to the Government Departments and the supra mentioned GOs were before the Tribunal.

b) Through the judgment dated 12.09.2008 in OA 6243/2004 and batch, by the Tribunal, the Government came out with fresh modalities vide GO Ms. No 77 dated 26.02.2009.

c) As per para 6(a) and 6(b) of the supra mentioned GO, the employees of Hyderabad Allwyn Ltd., shall be appointed in various Government departments and shall be treated on par with Government employees in such departments and that the maximum age was relaxed for absorption with effect from 03.05.1993, respectively.

d) As per Para 6(c) and 6(d) of the supra mentioned GO, the employees so absorbed in such manner from 03.05.1993 shall be adjusted in the next regular vacancies in the respective departments and when the vacancies arise supernumerary posts created shall be continued and upon such absorption of employees, if the special rules require passing of any departmental tests/trainee such employee are to pass such tests, within 2 years from the date of issuance of the supra mentioned GO till the absorption of employees is made in departments, the employees of Hyderabad Allwyn Limited cannot be treated as Government Employees.

e) Considering that it would not be possible for deployed employees to have passed the test, Government sought it fit to give 2 years of time from issuance of GO Ms. No 77 dated 26.02.2009 to pass the tests, to enable them for next promotions and as such ‘As per rules’ under para 6(e) has to be understood that, the absorbed employees are to pass the departmental tests within 2 years from the date of issue of GO, i.e., within 25.02.2011.

f) The Petitioners were taken into respondents department and the Petitioners have appeared and cleared the required tests in May 2009 itself. Further, the Petitioners and some employees were absorbed into the Department of Health of Comp