HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 8408 OF 2020

O R D E R:

Heard Sri P. Venkata Subbarao, learned counsel for petitioners and learned Government Pleader for Prohibition &

Excise for respondents.

2. This Writ Petition is filed by petitioners questioning the proceedings of Respondent No.1 vide Cr.NO.02/2018/CPE/B2 dated: 28-01-2020, and consequential proceedings of Respondent No.2 vide Proc Rc.No.A2/89/2014 dated: 08-06-2020.

3. It the case of Petitioners that they were initially appointed as A.P.S.P. Constable. Thereafter, they were deputed to work in Prohibition and Excise Department and were subsequently absorbed as Prohibition and Excise Constables based on G.O.Ms. No. 1103 Revenue (Exercise-1) Department dated 17-08-2007. Petitioners submitted their respective willingness for absorption as a Prohibition and Excise Constable and after his deputation on the strength of the order of the commissioner of Prohibition and Excise, and after obtaining options and willingness from Petitioners that they would abide by the seniority list. Petitioners were appropriately included in the seniority list for promotion to the post of Head Constable, based on the existing seniority list wherein the date of absorption and age were adopted as the determining criteria. The original instructions issued by Respondent No.1 dated 21.01.2020, expressly mandated the preparation of seniority lists after inviting objections and in strict compliance with the applicable service rules. However, the subsequent proceedings issued by Respondent No.1 vide Cr.No. 02/2018/CPE/B2 dated 28.01.2020, directing re-fixation of seniority based on merit, constitute a deviation from the earlier lawful directions and lack any statutory or legal authority for their issuance.

4. It is further submitted that the Department issued final seniority list after considering objections, vide proceedings Rc. No. A2/89/2014, dated:08-06-2020, issued by the District Prohibition and Excise Officer, Mahabubnagar, Mahabubnagar District. The said final seniority list was published after due consideration of objections submitted by the concerned individuals. However, Petitioners, at present, does not possess details regarding the relevant period of said seniority list or the serial number at which his name was reflected. Respondent No.2 after receiving the proceedings dated 28-02-2020 from Respondent No.1 prepared final seniority list vide proceedings dated: 08-06-2020, after issuing provisional seniority list vide proceedings Rc.No.A2/89/2014 dated: 10-02-2020, after obtaining objections from the effected parties by considering the merit lists instead of considering age criteria of the absorbed APSP Constables in to the Prohibition and Excise department. The APSP battalions have recruited the candidates on the basis of Physical efficiency test and there is no parameter for concluding for the merit of the candidate.

5. Respondent No.2 in their counter affidavit has stated that in 1995, approximately 2,200 Andhra Pradesh Special Armed Police (APSP) Constables were deputed to the State Excise Department, namely the Prohibition and Excise Department. Subsequently, by G.O.Ms.No. 1103, Revenue (Excise-I) Department, dated 17.08.2007, the Government directed absorption of 2,151 APSP Constables who were working on deputation in the Prohibition and Excise Department and declared surplus in the APSP. Such absorption was subject to adherence to the Andhra Pradesh Public Employment (Organization of Local Cadre and Regulation of Direct Recruitment) Orders, 1975, and other applicable Rules, following receipt of their unequivocal and irrevocable option to accept the pay scale applicable to Prohibition and Excise Constables. It was further directed that their seniority shall be fixed from the last candidate in the existing seniority list of the Prohibition and Excise Constables. It is stated that upon completion of absorption and repatriation process, the preparation of the seniority lis