THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ, order or direction, more particularly, one in the nature of Writ of Mandamus by declaring the Proceedings Rc.No.2196/GAD/MZ-II/2024, dated 24.06.2025 issued by the 1^st Respondent herein as highly arbitrary, illegal, discriminatory, malafide, unconstitutional, violating Article 14, 16 & 21 of the Constitution of India, apart from contrary to Rules 13 & 15 of AP (TS) Ministerial Service Rules, 1998, apart from violation principles of natural justice and set-aside the same and consequently, issue directions directing the 1^st Respondent to issue revised provisional seniority list in terms of Rule 13 & 15 of the AP (TS) Ministerial Service Rules, 1998 after reviewing the promotions to the post of Office Superintendents in terms of Rule 13 of the Ministerial Service Rules, 1998 and then only, affect the promotions to the post of Administrative Officers in Multi Zone-II and pass…”

2. Heard Sri P.V. Krishnaiah, learned counsel appearing for the petitioners, learned Government Pleader for Services-I, on behalf of respondent Nos.1 and 2, and Sri V. Ravichandran, learned counsel appearing for respondent Nos.3 to 7.

3. Learned counsel for the petitioners submits that the petitioners were initially appointed as Junior Assistants, which was a District Cadre Post under the earlier Presidential Order, 1975, in their respective districts in erstwhile Zone-VI, and were subsequently promoted as Senior Assistants in the erstwhile Zone-VI, which was a Zonal Cadre Post. It is further submitted that pursuant to the new Presidential Order, 2018, the erstwhile Zones-V and VI were divided into (7) Zones, and the petitioners, working as Senior Assistants in erstwhile Zone-VI, were allotted to present Zone-VI, i.e., Charminar Zone, based on their seniority and options exercised by them. Further, although many juniors to the petitioners opted for Zone-VI, they were allotted to different Zones such as Zone-IV and Zone-V. Thereafter, in view of the availability of vacancies in the cadre of Office Superintendent, which is also a Zonal Cadre Post, the juniors of the petitioners allotted to Zone-IV and Zone-V were promoted as Office Superintendents in their respective posts. However, despite being seniors to them, the petitioners, who were allotted to Zone-VI, had to wait for promotions, until the vacancies arose in Zone-VI, and they had only secured promotion as Office Superintendents belatedly. As such, the juniors of the petitioners in erstwhile Zone-VI were promoted earlier to the petitioners and have become seniors to the petitioners in the cadre of Office Superintendent. It is further submitted that had the respondents treated the post of Office Superintendent as a Multi-Zonal Post, instead of Zonal Cadre Post, the Senior Assistants would have been promoted as per their seniority in erstwhile Zone-VI and then, the petitioners would not have been subjected to any injustice. However, due to the treatment of post of Office Superintendent as a Zonal Cadre Post, the juniors of the petitioner secured a promotion prior to them, whereby, affecting the scope of the petitioners being promoted to the next post, i.e., Administrative Office, which is a Multi-Zonal Post.

4. It is further submitted that respondent No.1 has taken a decision to effect promotions to the post of Administrative Officers in Multi Zone-II, based on an integrated seniority list of Office Superintendents in Multi Zone-II, which consists of three Zones. It is further submitted that due to the promotions to the post of Office Superintendent in Zone-IV and Zone-V, the juniors of the petitioners in erstwhile Zone-VI, have now become seniors to the petitioners, and they are now likely to be promoted as Administrative Officers, and the petitioners, who are their seniors, would have to work under their juniors, which is wholly arbitrary