HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.5533 OF 2020

O R D E R:

Heard Sri P. Venkata Subba Rao, learned counsel

for petitioners and learned Government Pleader for Prohibition

& Excise.

2. This Writ Petition filed by petitioners is to set aside the proceedings dated 28-01-2020 and consequential proceedings dated 18-02-2020 issued by the 2^nd Respondent and consequently, direct Respondents to consider the cases of Petitioners for promotion to the post of Prohibition and Excise Head Constables as per the seniority list prepared by Respondent No. 2 vide Proceedings dated 24-04-2018 as valid

legal.

3. It is the case of Petitioners that their initial appointment as A.P.S.P. Constable was at different battalions i.e. Petitioner No. 1 at 4^th battalion, Petitioner Nos. 2 to 4, 6 and 7 at 7^th battalion and Petitioner No. 5 at 1^st battalion at Karimnagar District on 14-10-1995 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 dated 17-08-2007.

4. Petitioners submitted 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 the Petitioner that he would abide by the seniority list. Final seniority list was issued by the department after considering the objections vide proceedings dated 28-01-2020, by the Superintendent of Prohibition and Excise at Karimnagar District, the said list was issued after considering the objections. In the final seniority list, Petitioners are shown at Serial Nos. 16, 18, 19, 21 to 23 and 25. Based upon the seniority list, Petitioners were promoted as Head Constable vide proceedings dated 28-01-2020, issued by the District Prohibition and Exercise Officer, Hyderabad. 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, unauthorized and illegal which proceedings are impugned in the present Writ Petition; in view of the revised seniority list Petitioners who were at serial Nos. 6, 16, 21 to 25, in the seniority list is shifted to serial Nos. 16, 18, 19, 21 to 23 and 25 and the revised list is impugned.

5. Respondent No. 2 filed counter to Writ Petition contending that the District Prohibition and Excise Officer, Karimnagar District, had communicated revised Provisional Seniority List of Prohibition and Excise Constables (Absorbed APSP Constables) of Karimnagar District according to date of declaration of probation period / date of birth vide Proceedings dated 24-04-2018. Since some of the constables had filed writ petitions before this Court with a plea that seniority list should be communicated according to merit list. Accordingly, the Commissioner of Prohibition & Excise issued instructions to all the Nodal District Prohibition & Excise Officers of the State to complete the exercise for preparation of Seniority list of absorbed Prohibition and Excise Constables and communicated merit list which was provided by the IG battalions and listed and disposed of as per rules by issuing a proper speaking order in existing rule position while giving at least 2 weeks’ time from the date of issuance of notice for filing objections and suggestions.

6. The District Prohibition & Excise Officer, Karimnagar had only communicated seniority list as per their merit which was already furnished by the I.G. Battalion since Respondent No. 2 only finalized seniority list of absorbed APSP Constables in accordance with the rules. It is further stated that notification for recruitment of Police Constables issued by the A.P. State Level Recruitment Board in Letter No. 224/R&T/Admn./2/94, dated 06.07.1994. The Chairman of the Recruitment Board is Inspector General of Police, Battalion, Hydera