HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 34767 OF 2017

O R D E R:

Challenge in this Writ Petition is to the proceedings dated 18.02.2015 of the 3^rd respondent - Deputy Commissioner of Prohibition & Excise. Subsequently, prayer was amended to declare the proceedings dated 18.09.2017, 27.07.2015 of the 3rd respondent and proceedings dated 14.07.2021 as arbitrary and illegal.

2. Petitioner who belongs to SC-C Mala category was selected and appointed as driver by proceedings dated 26-08-2002 of the District Collector, Hyderabad and was allotted to Prohibition & Excise Department. In the seniority list, his name was shown at Sl.No.3, the 4th respondent at Sl.No.5. Subsequently, petitioner was promoted as Head Constable on 03-11-2006, Prohibition & Excise Sub-Inspector by proceedings on 07-12-2010.

2.1 The 4^th respondent filed O.A.No.6368 of 2012 questioning the seniority list of Drivers dated 21-2-2006 and sought a further declaration that he is entitled to be promoted as Prohibition & Excise Head Constable against the vacancy earmarked for Drivers. He sought further direction for preparation of a final seniority list in the cadre of drivers. The Tribunal disposed the O.A directing respondents to consider the claim of the applicant for appointment by transfer to the post of Prohibition & Excise Head Constable against the vacancy reserved for Drivers i.e. 30^th point, taking into account his eligibility and qualification, as per rules. Petitioner was not impleaded as Respondent in the said O.A.

2.2 Consequently, the Prohibition & Excise Superintendent, by Proceedings dated 13-09-2010 issued final seniority list of Prohibition & Excise Constables for the period from 01-01-2003 to 01-01-2010 wherein the name of petitioner was shown at Sl.No.10, Sri Devi Singh at Sl.No.18 and the name of the 4th respondent does not figure. By the Proceedings of the Deputy Commissioner, Prohibition & Excise, Hyderabad Division dated 24-12-2011 a final integrated seniority list of Prohibition & Excise Constables of Zone-VI was prepared, wherein petitioner’s name figures at Sl.No.36, but, he was given seniority No.89. Name of Respondent No.4 does’nt figure in the said seniority list. Surprisingly, the 3^rd respondent issued final seniority list of Drivers on 09-10-2012 in which, the 4^th respondent was shown at Sl. No.1, whereas Petitioner at Sl. No.3. To the Provisional Seniority List dated 10-09-2012, petitioner raised an objection which was rejected referring to a rule relating to eligibility and qualification for the post of Prohibition & Excise Head Constable, the Appeal filed thereagainst was also rejected. Petitioner preferred a Revision before the Commissioner which was disposed of on 27-12-2013. The Government issued G.O.Rt.No.252, dated 21-02-2014 promoting the 4^th respondent with effect from 03-11-2006. A consequential order was issued by Deputy Commissioner on 29- 10-2014 promoting the 4^th respondent as Prohibition & Excise Sub-Inspector. Based on the said promotion the seniority of the petitioner is revised in the category of Prohibition & Excise Head Constable by Proceedings of the Deputy Commissioner dated

18-02-2015.

2.3 The grievance of petitioner is that the unofficial respondent did not raise objection when petitioner was promoted as Head Constable, Excise Sub-Inspector in 2010. As stated above, unofficial respondent was promoted as Excise Head Constable only in 2011. Petitioner states that after nine years of his promotion as Excise Head Constable, date of his promotion cannot be altered, so also five years later to his promotion as Sub-Inspector, the same cannot be altered. In terms of Rules 23 to 26 of the A.P. State & Subordinate Service Rules, the claim of the unofficial respondent was barred by time.

3. The case of the 4^th respondent is that he belongs to SC community and possesses Intermediate qualification and Heavy Goods Vehicle (HGV), Heavy Passenger Vehicle (HPC) and Light Motor Vehicle licences, hence, he is eligible