ORDER :

Kiranmayee Mandava, J.

Heard Smt. K.Rajya Lakshmi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-II appearing for the respondents.

2. The petitioner was appointed as a Junior Assistant on 20.06.2009 in the respondent No.1 Department. He was initially placed under probation for a period of one (1) year. The probation in the cadre of Junior Assistant was declared with effect from 19.06.2011. Subsequently, he appeared for the departmental test in Accountancy and passed it. As per the final seniority list of Junior Assistants for the panel year 2011-12, the petitioner’s name was shown at Sl.No.17.

3. The unofficial respondent No.6, was appointed as Typist on 24.06.2009, i.e., after the petitioner. He completed his probation in the cadre of Typist with effect from 23.06.2011. In the final seniority list of Typists for the panel year 2011-12, he was shown at Sl.No.3.

4. It is contended that as per Rule 25 of Andhra Pradesh Ministerial Service Rules, 1998, a separate list of approved candidates shall be drawn by the Commission or such other Agency as specified by the Government in respect of any category. The cadres of Junior Assistants and Typists are feeder categories to the Post of Senior Assistant, based on seniority/commencement of probation in the respective categories. As per the seniority position, they would be considered for the promotion to the Post of Senior Assistant. The petitioner contends that he is senior to the unofficial respondent No.6, however ignoring the petitioner, the respondent No.6 was considered for promotion for the panel year 2011-12, he was promoted as Senior Assistant vide proceedings, dated 21.11.2011 without fulfilling the requisite qualification of completion of three (3) years with a condition that his probation would be commenced in the promotion category from the next day after completion of three (3) years of service in the feeder category i.e., Typist category.

5. The petitioner further contends that the unofficial respondent No. 5, who was appointed as Junior Assistant on 20.06.2009, was senior to the unofficial respondent No. 6. He passed the Accounts test on 18.07.2011 for promotion and, in the seniority list, he was placed at Sl. No.22 for the panel year 2011-12. He was also promoted as Senior Assistant with effect from 21.11.2011, reverting the respondent No.6 to the Post of Typist vide proceedings, dated 11.01.2012, with a condition that his services will be regularised for the promotion from the next day after completion of three (3) years of service in the feeder category, i.e., with effect from 20.06.2012. The petitioner contends that he is senior to the unofficial respondents Nos.5 & 6, both of whom were considered for the Post of Senior Assistant, ignoring the case of the petitioner herein.

6. The details of the appointment and promotion of the petitioner and respondent Nos.5 & 6 are as follows:

7. The petitioner contends that, as per Rule 6(b) of the Andhra Pradesh State Subordinate Service Rules, 1996 (for short “the Rules, 1996”), the panel of candidates for promotion/appointment by transfer shall be prepared during September every year based on the estimated vacancies available. The relevant period for each panel year would be 1st September to 30th August of the next year. The said panels will remain in force until 31st December of the succeeding year, or until the next panel is preferred, whichever is earlier. The respondents, however, considered the case of the