ORDER:

This writ petition is filed to declare the action of the 1st respondent in issuing Memo dated 29.09.2020 directing the 2nd respondent to consider the deputation period of the 3rd respondent for reckoning the notional seniority and to fix the seniority from one unit of appointment to another unit of appointment in the State Cadre of Junior Analyst as per Rule 35(b) of the A.P. State Subordinate Service Rules, 1996, as illegal and arbitrary.

2. Heard Ms. Kavitha Gottipati, learned counsel for the petitioner, learned Government Pleader for Services-IV appearing for respondent Nos.1 and 2, and Sri N. Joy, learned counsel for the 3rd respondent.

3. Briefly, the case of the petitioner is that she was appointed as Pharmacist in the year 1995 and had been working till January, 2019 in Prakasam District. Subsequently, she was appointed by transfer from the local cadre post i.e., Pharmacist, Grade-II of Health, Medical and Family Welfare Department to the State Cadre post as Junior Analyst at Drugs Control Administration Department on 08.02.2019. She completed two years of service in the cadre of Junior Analyst as on

12.02.2021 and her services were regularised and probation period was also declared. She passed E.O. Departmental Test and as such, she is eligible for further promotion as Drugs Inspector.

i) The petitioner, Smt. M. Aruna, Sri K. Suresh Kumar and Smt. K. Hemalatha, who were selected as Pharmacists, Grade-II, which is a District Cadre Post, in different units of Director of Public Health and Family Welfare, made a representation dated 24.04.2018 to the Government with a request to consider their cases for appointment by transfer to the post of Junior Analyst in the Drugs Control Administration (under 20% quota) duly relaxing Rule 3 Category I of the A.P. Drugs Control Administration Service Special Rules issued under G.O.Ms.No.411, HM & FW (L2) Department, dated 11.08.1994. At that juncture, all of them filed O.A.No.1393 of 2018 before the A.P. Administrative Tribunal questioning the action of the respondents in not disposing of their representation dated 24.04.2018 as illegal and arbitrary. On 05.09.2018, the Tribunal passed an interim order directing the respondents to dispose of the representation dated 24.04.2018 within a period of eight weeks.

ii) The 1st respondent issued Memo dated 05.02.2019 whereby the 2nd respondent was directed to consider the request made by the individuals and they shall take last rank in the category of Junior Analyst in Drugs Control Administration. In the said Memo dated 05.02.2019 issued by the 1st respondent, it is categorically clarified that those who are willing to come to office of the DG, DCA for appointment by transfer must forego their seniority in their present unit and take last rank after last regular candidate in the new unit, as these transfers are from one unit to another i.e., from various units of Director of Public Health and Family Welfare to the Office of the Director General, Drugs Control Administration and also from local cadre to State Cadre i.e., from District cadre to State cadre.

iii) In pursuance of the said Memo dated 05.02.2019 issued by the 1st respondent, the 2nd respondent vide proceedings dated 08.02.2019 issued appointment orders by transfer in the cadre of Junior Analyst in the Department of Drugs Control Administration (under 20% quota) in relaxation of Rules issued in G.O.Ms.No.411 dated 11.08.1994. Subsequently, the petitioner reported for duty as Junior Analyst on 13.02.2019 F.N. The 2nd respondent issued proceedings dated 20.11.2020 wherein the probation of the individuals was declared in the cadre of Junior Analyst who were appointed by transfer as per Rule 18 (a) of the A.P. State Subordinate Service Rules, 1996. In the said proceedings, the name of the petitioner was shown at Sl.No.4 and the names of the unofficial respondents were shown at Sl.Nos.1 and 3 and the name of one Smt. M. Aruna was shown at Sl.No.2. The petitioner has no grievance in