HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.6989 OF 2019

O R D E R:

Heard Dr. K. Lakshmi Narasimha, learned counsel for petitioners, Sri S. Rahul Reddy, learned Special Government Pleader on behalf of learned Government Pleader for Prohibition & Excise, Sri R.V. Mallikarjuna Rao, learned counsel for Respondent No.2 and Sri S. Ajay Kumar, learned counsel on behalf of Sri Vadapalli Ramesh, learned counsel for Respondents 5 to 7.

2. This Writ Petition is filed by petitioners to declare the order dated 19-03-2019 passed by the 1^st Respondent as illegal, arbitrary and without jurisdiction and consequently to quash the same.

3. It is the case of Petitioners that they were initially appointed as constables in the then Special Armed police at different battalions i.e. 1^st, 7^th & 8^th battalions at Hyderabad District on different dates in 1997 and 1998 and later, they were deputed to work in Prohibition and Excise Department and was subsequently, absorbed as Prohibition and Excise Constable vide proceedings dated 28-05-2009, based on G.O.Ms. No. 1103 dated 17-08-2007. Petitioners submitted willingness for absorption as 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 willingness from Petitioner that he would abide by the seniority list.

4. While the matter stood thus, Respondent No. 1 requested the Additional DG of Police, APSP for furnishing merit list of APSP Constables for preparation of seniority list. In response, the Additional DG vide letter dated 24-02-2012 informed the Commissioner, Prohibition & Excise that a record relating to recruitment of 1995 batch constables was not available. Based on the above letter, Respondent No. 1 vide letter dated 07-04-2012 instructed the competent authorities to prepare the seniority lists of all constables as per Rule 33 of APS&SS rules. As per the said direction, Respondent No. 3 issued a provisional seniority list dated 25-03-2015 and invited objections from all quarters. In the said provisional list, Petitioners were above Respondents 4 to 7.

5. Final seniority list was issued by the department after considering the objections vide proceedings dated 04-05-2015, by the Superintendent of Prohibition and Excise, Saroornagar, Rangareddy District, after considering the objections. In the final seniority list, Petitioners were shown at Serial Nos.12, 14, 16 to 21 & 25. Based upon the said list, these petitioners were promoted as Head Constables by order dated 22-05-2015 and 01-07-2016. Further, Respondents 4 to 7 had not filed any appeal under Rule 23 of TS&SS Rules nor filed any Appeals against their promotion.

6. Respondents 4 to 7 filed Writ Petition No. 6701 of 2018 and Petitioners were not made party thereto. The only prayer sought for was that according to them, they have filed representations/appeals to the Commissioner of P&E i.e., the 1st Respondent and sought for direction that the said Appeal be disposed of. Accordingly, this Court disposed of that Writ Petition vide order dated 28-02-2018 directing the 1st Respondent therein i.e., the Commissioner P&E to consider their Appeal dated 03-09-2016 and representation dated 30-12-2017 as expeditiously as possible preferably within 8 weeks from the date of receipt of the copy of the said order. There was no further direction given in that Writ Petition nor was there any direction given to the 1^st Respondent herein to once again tinker with the said final seniority list issued way back in 2015.

7. Contrary to the said direction, the 3^rd Respondent had once again issued a revised provisional seniority list dated 23-08-2018 reviewing his earlier final seniority list and the same was challenged by these petitioners in Writ Petition No.31978 of 2018. While the said Writ petition is pending, petitioners came to know of the order of the 1st Respondent dated 16-07-2018 tinkering the final seniority list without any basis. A