ORDER :

D RAMESH, J.

W.P.No. 13262 of 2025:

The writ petition is filed seeking the following relief:

“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring declare the action of the respondent in issuing Proceedings in Rc.No.A1/350/2024 dated 06-05-2025 where in the service particulars in the cadre of the Grade- 1 Erstwhile Krishna District was prepared by changing the seniority list which was issued in the cadre of Grade 1 hostel welfare officer dated 08-08-2020 as illegal, arbitrary. Unconstitutional and contrary to Letter in Rc.No.A4/2523/2024-2 dated 18-02-2025 issued by the 2nd respondent and Cir.Memo.No.57759/Ser.A/2004-1 Dated 20-05-2004 consequently direct the 1^st and 2^nd respondents not to give effect the Proceedings in Rc.No A1/350/2024 dated 06-05-2025 and direct the respondents to promote the petitioners to the post of Assistant Social Welfare officers per the seniority list dated 08-08-2020 and pass….”

W.P.No.29927 of 2024:

The writ petition is filed seeking the following relief:

“…..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo.No.SWOSERR (SWSS)/37/2023-sw-ser, dt. 12-11-2024 of the 4^th respondent and consequential proceedings. Rc.No.A1/350/2024, dt 22-11-2024 of the 1st respondent as illegal, improper, arbitrary, unjust and in violation of the Rule.33(b) of A.P. State and Subordinate Service Rules, 1996 and further direct the respondents to prepare the seniority list in the cadre of HWO-Gr-ll and I, strictly in the order of merit secured in the selection and as per Rule.33(b) APSSS Rules,1996 and communicate the same to the petitioner and others and pass…..

Heard M/s.L.V.S.Nagaraju, learned counsel for the petitioners in W.P.No.13262 of 2025 and unofficial respondents in W.P.No.29927 of 2024, Mr. P.Anand Surya, learned counsel for the petitioner in W.P.No.29927 of 2024 and learned Government Pleader for official respondents and Sri S.Satyanarayana Rao, learned counsel for the unofficial respondent in W.P.No.13262 of 2025.

2. As the issue involved in both the writ petitions is one and the same, hence both the writ petitions are being disposed of with a common order by taking W.P.No.13262 of 2025 as a leading case.

3. The whole contention of the petitioner is that initially the respondent authorities have prepared and finalized the seniority list on 08.8.2020 of Grade-I Hostel Welfare Officer. In that the respondents have prepared the seniority based on 16(h) of Andhra Pradesh State and Subordinate Rules, 1996. But surprisingly by impugned communication of respondent no.3 dated 06.5.2025 has changed the seniority list without taking orders under 16(h) has prepared seniority based on selection list. Aggrieved by the same, the present writ petition is filed.

4. Learned counsel has mainly placed reliance on the earlier seniority list prepared on 08.8.2020. In the said seniority list, petitioner no.2 is at serial no.3. Her date of declaration of probation is 31.11.2008 and petitioner no.1 is at serial no.5 and her date of probation is 30.11.2008. as far as unofficial respondent's declaration of probation under 16(h) is 19.8.2009. In the said circumstances, the respondents have to prepare the seniority list based on 16(h). To support his contention, learned counsel has placed reliance on the orders of the Division Bench of this Court in W.A.No.1724 and 1915 of 2017 vide order dated 12.11.2018, wherein the issue involved in the said case was that one A.Krishna Rao was appointed as Hostel Welfare Officer Grade-II on 23.01.1989 and one G.Chakrapani was appointed to the said post on 24.6.1985. Further said Krishna Rao had passed required departmental tests in the year 1989 whereas Chakrapani passed said tests on 23.5.1991. As Krishnarao has passed the departmental test within the period prescribed, hence his services were declared from the date of appointment. But Chakrapani who passed the test in an extended period. Acc