HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 9393 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 by the Petitioners seeking to set aside the proceedings Cr. No. 02/2018/CPE/B2, dated: 28-01-2020 issued by the 2^nd Respondent and consequently, direct the 2^nd Respondent to continue the Petitioners as Prohibition and Excise Head Constable at their respective place duly holding the final inter se seniority of Prohibition & Excise Constables of Warangal vide Proceedings Rc.No.117/2015/P &E/A1dated: 20-06-2020 which is without any power any power or jurisdiction.

3. Petitioners are in Seniority list to be promoted as Head Constables according to the present vacancy position according to the seniority list. The Provisional and final seniority lists prepared by Respondent No.2 on the basis of merit had kept Petitioner No.1 name in the list somewhere behind the others and the other Petitioners names also placed after many constables who are younger to them. Respondent No.1 already issued proceedings vide Cr.No. 19/2020/CPE/B4 dated 21-01-2020 to Respondents No.2 to prepare seniority lists in all the category of posts to which they are appointing authorities duly calling for objections and finalise the same duly following rules. Further Respondent No.1 issued proceedings vide Cr.No. 02/2018/CPE/B2 dated 28-01-2020 ordering Respondent No.2 to re-fix seniority in terms of the orders of this Court in W.P.No. 26855 of 2019 by sending the merit lists. Petitioners were originally selected as APSP Constables and later on they were on deputation to the Prohibition and Excise Department. They were selected district-wise by the different APSP Battalions.

4. The Presidential Order is not applicable, the authorities, at the relevant time made selections for each battalion treating each battalion consisting of one district or two districts as the case may be and made selections and appointment. It is respectfully submitted that on the ground that the Presidential order is not applicable, it cannot be presumed or mandate the concerned authorities to make selections and appointments at State level treating the APSP Battalions is a State level Post and admittedly, there is no such provision to treat the APSP Battalion as a State level post and it cannot be presumed to treat the Police Constables post of the APSP Constable post as State level Post, only on the ground that the Presidential order is not applicable in as much as the concerned appointing authorities got power to make recruitment for different units forming based on the on district or two districts as per administrative convenience. Petitioners and other concerned 2000 APSP constables working in their respective battalions, the State took a decision to depute around 2,200 APSP constables to Excise Department to work as Excise Constables after introduction of Prohibition in the State of Andhra Pradesh.

5. Subsequently, after completion of more than 15 years of service in the Excise Department, discharging duties and functions as Excise Constables, the Government took a decision to absorb nearly 2,151APSP on and APSP Constables working in the Excise Department as Prohibition and Excise Constables in the Excise Department, subject to the condition such Excise Constables who were absorbed from the cadre of APSP Constables, accept pay scales of the Excise Constable and their absorption should be as per the provisions of Presidential Order, in as much as the post of Excise Constables is governed by the Presidential Order, which is a district cadre post, and accordingly the Government issued G.O. Ms. No.1103, Revenue (Excise) Department dated 17-08-2007, directing to absorb 2151 APSP constables working in Prohibition and Excise Department on deputation and declared as surplus in the Police Department, with a condition that on absorption in to Prohibition and Excise