HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No. 14547 OF 2020

O R D E R:

Heard Sri P. Venkata Subba Rao, learned counsel

for petitioners as well as learned Government Pleader for

Prohibition & Excise.

2. This Writ Petition filed seeking to set aside the proceedings Cr. No. 295/2019/A2, dated 06-06-2020 issued by the 2^nd Respondent finalizing the seniority list of the absorbed Prohibition & Excise Constables on the basis of merit and also the consequential Proceedings of Respondent No.2 vide Proc. Cr. No. 2293/2004/A dated 19-08-2020 promoting Respondent No.5 Prohibition & Excise Constable as Prohibition & Excise Head Constable by way of promotion as arbitrary, illegal, discriminatory, mala fide and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India apart from not following the Principles of Natural Justice as well as contrary to the A.P. Telangana State Subordinate Service Rules and consequently direct Respondents to forthwith consider promotion to the post of Prohibition and Excise Head Constable as per the seniority list based on the age criteria in the existing

vacancies.

3. It the case of Petitioners that their initial appointment as A.P.S.P. Constable was at different battalions i.e., Petitioner No. 1 & 3 to 5 at 8^th battalion and Petitioner No. 2 at 1^st battalion at Nalgonda District on 15-10-1995 and 27-10-1995 and later, they were deputed to work in Prohibition and Excise Department and was subsequently absorbed as Prohibition and Excise Constable vide proceedings dated 27-05-2009, based on G.O.Ms. No. 1103 Revenue (Exercise-1) Department dated 17-08-2007. Petitioners submitted their willingness for absorption as a Prohibition and Excise Constable and after their deputation on the strength of the order of the Commissioner of Prohibition and Excise and after obtaining the options and the willingness from Petitioners that they would abide by the seniority list.

4. Provisional final seniority list was issued by Respondent No. 2 vide proceedings Cr. No. 295/2019/A2 dated 06-06-2020 after considering the objections vide proceedings No. Cr. No. 2293/2004/A dated 19-08-2020 by Respondent No. 2 for the period 30-09-2008 to 31-12-2017 wherein Petitioners were shown at Sl. Nos. 30, 62, 64, 66 and 67 and Respondent No. 5 is shown at Sl. No. 13. Based on the seniority list, Petitioners were promoted as Head Constables by proc. No. Cr.

No. 295/2019/A2 dated 13-02-2020 issued by the District Prohibition and Excise Officer, Nalgonda District. In view of the said issuance of revised seniority list, Petitioners’ position in the seniority list had completely changed which action of Respondent No. 2 is without any jurisdiction, unauthorised and illegal which proceedings are impugned in the present writ petition. In view of the revised seniority list, petitioners who were at Sl. Nos. 30, 31 to 65 in the seniority list for the period 30-09-2008 to 31-12-2017 are shifted to Sl.Nos. 30, 62, 64, 66 and 67 and Respondent No. 5 was shown at Sl. No. 13 and the revised list is impugned.

5. Petitioners had earlier filed a writ petition challenging the proceedings vide Proc. No. Cr. No. 02/2018/CPE/B2 dated 28-01-2020 of Respondent No. 1 ordering Respondent No. 2 to re-fix seniority list on the basis of merit which is wholly without power or jurisdiction. Further, the said writ petition was pending and due to covid-19, the same was not listed before the bench, but this Court passed orders in Writ Petition No. 9315 of 2020 of Khammam District and W.P.No. 9393 of 2020 of Warangal District on 30-06-2020 and in these Two Writ Petitions, mentioning the problem of Covid- 19, a general direction was issued to other District Respondents also. Though Petitioners submitted the order copies in W.P. No. 2823 of 2020, W.P.No. 9315 of 2020 and W.P.No. 9393 of 2020 to Respondent No.2 in the 1^st week of July 2020 and requested not to promote any Prohibition & Excise Constable to the grade of Head Constable till the disposal of W.P. No.