1. R. Sanleevaiah v. The Commissioner of Prohibition &

the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to forth wrth consider the cases of the petitioners for promotion to the post of Prohibition and Excrse Head constable as per the seniority list prepared by the Respondent No.2 in proceedings Rc. No.02l2005/p&Ex/A1 dated 24-04-2018 in the existing vacancies pending disposal of the Writ petition. lA NO: 2 OF 2020 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the operation of the proceedings vide Cr.No. 0212018lCPElB2 dated 28- 01-2020 issued by the Respondent No..1 and consequential proceedings vide Rc. No.02/2005/P& Ex/A1 dated 18-02-2020 of Respondent No.2 pending disposal of this Writ Petition in the rnterest of justice. Counsel for the Petitioners: SRI P. VENKATA SUBBA RAO Counsel for the Respondents: GP FOR PROHIBITION AND EXCISE The Court made the following: ORDER t HON'BLE SRI JUSTICE NAGESH BHEEMAP,q,KA WRIT PETITION No.5533 OF 2O2O ORDER: Heard Sri P. Venkata Subba Rao, learned counsel for petitioners and learned Government Pleader for Prohibition & Excise.

2. This Writ Petition hled by petitioners is to set aside the proceedings dated 28-O l-2O2O and consequential proceedings dated 18-02-2O2O issued by the 2nd Respondent and conseqrrently, direct Respondents to consider the cases of Petitioners for promotion to the post of Prohibition and Excise Head Constables as per the seniority list prepared by Respondent No. 2 uide Proceedings dated 24-04-2O18 as valid legal.

3. It is the case of Petitioners that. their initial appointment as A.P.S.P. Constable was at different battalions i.e. Petitioner No. I at 4e battalion, Petitioner Nos. 2 to 4,6 and 7 at 76 battalion and Petitioner No. 5 at 1"t battalion at Karimnagar District on 14- 1O- 1995 and later, they were deputed to work in Prohibition and Excise Department and was subsequently, absorbed as Prohibition and Excise Constable uide proceedings dated: 27 -O5-2OO9, based on G.O.Ms. No. N03 dated 17-Oa-2OO7. t\ l

4. Petitioners submitted willingness for absorption as a 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 the wiliingness from the Petitioner that he would abide by the seniority list. Final seniority list was issued by the department after considering the objections uide proceedings dated 28-O1-2O2O, by the Superintendent of Prohibition and Excise at Karimnagar District, the said list was issued after considering the objections. In the hnal seniority list, Petitioners are shown at Serial Nos. 16, 18, 19, 2l to 23 and 25. Based upon the seniority list, Petitioners were promoted as Head Constable uide proceedings dated 2a-O1-2O2O, issued by the District Prohibition and Exercise Officer, Hyderabad. In view of the said issuance of revised seniority 1ist, Petitioners' position in the seniority list had completely changed which action of Respondent No. 2 is without any jurisdiction, unauthorized and illegal which proceedings are impugned in the present Writ Petition; in view of the revised seniority list Petitioners who were at serial Nos. 6, 16,21 to 25, in the seniorit5z list is shifted to serial Nos. 16, 18, 19,21 to 23 and 25 and the revised list is impugned I I t

5. Respondent No.2 filed counter to writ Petition contending that the District Prohibition and Excise Officer, Karimnagar District, had communicated revised Provisional Seniority List of Prohibition and Excise Constables (Absorbed APSP Constables) of Karimnagar District according to date of declaration of probation period / date o[ birth uide Proceedings dated 24-04-2O18. Since some of the constables had filed writ petitions before this Court with a plea that senioritSr list should be communicated according to merit list. Accordingly, the Commissioner of Prohibition & Excise issued instructions to all the Nodal District Prohibition & Excise Ofhcers of the State to compiete the exercise for preparation of Seniority list of absorbed Prohibition and Excise Constables and communicated merit iist which was provided by the lG battalions and listed and disposed of as per rules by issuing a proper speaking order in existing rule position while giving at least 2 weeks'time from the date of issuance of notice for liling objections and suggestions.

6. The District Prohibition & Excise Officer, Karimnagar had only communicated seniority list as per their merit which was already furnished by the I.G. Battalion since Respondent No. 2 only frnalized seniority list of absorbed APSP Constables in accordance with the rules. It is further stated \.\ \\ I 'l that notifrcation for recruitment of Police Constables issued by the A.P. State Level Recruitment Board in Letter No. 22a I R&,T I Admn. I 2 / 94, dated 06.07. I 994. The Chairman of the Recruitment Board is Inspector General of .Police, Battalion, Hyderabad. The recruitment of Police Constables centrally conducted by the Chairman, State Level Police Recruitment Board, after selection the merit marks lists of Police Constables those who are selected in the recruitment have been sent Battalion wise to concerned Range Depu$r Inspector General of Police, A.P.S.P. Battalions, for appointment. Hence, no common recruitment merit list maintained in A.P.S.P. as per recruitment notification physical efficiency test (One star standard) only for minimum qualify. Those who are qualified for the physical effrciency test have to attend National Physical Efficiency Test of 3-Star standard test for (75) marks. 7 . The merit list of A. P. S. P Constables recruited during 1995 furnished by the I.G., Battalions (Recruiting Agencies) and instructed to re-fix the seniority in terms of the orders issued by the this Court in Writ Petitions No. 31978 and 67o1 of 2o18, Writ Petition No. 26855 of 2019 a-nd other Writ Petitions and also instructed .all the nodal District Prohibition and Excise Officers to take care and to ensure that notices were issued to all the individuals affected by the process, calling for objections, if any. All the objections filed shall be listed and disposed of as per rules b1 issuing a proper speaking order. From the counter of Respondent No.4 it is evident that government had issued G.O.Ms.No.l1O3 dated 17 -O8-2OO7 and instructions of the Commissioner of Prohibition and Excise, A.P., Hyderabad in Cr. No.17657 /2007 /CPE lH3, dated 22-O5-2OO9, wl.rerein the Constable deputed to Prohibition and Excise Department, working in Medak District have absorbed as Prohibition and Excise constable subject to following conditions:- "1. An<lhra Pradesh Public Employment (Organization of tocal Cadres and Regulation of Direct Recruitment) Order, 1975 and other relevant rules u hjch are in vogue. 2. The.. should be paid pay and allowances and Scale of pay on par with Prohibition and Excise Constables. 3. Ther shall forego the benefits attached to the Constables in Police DePartment. 4. Their seniority shal1 be fixed commencing from the last candidate in the existing seniority list of Prohibition and Excise Constables. Hence, the petitioner contention is true".

8. The Commissioner of Prohibition and trxcise, A.P., Hyderabad in Cr.No.36O71 12O11 lCPElH3, dated l3-06-2011 instructed to prepare the seniority list of Prohibition and Excise Constable in continuation to the existing seniority list and communicate to the individuals i.e., absorbed A.P.S.P. Constable as per Andhra Pradesh Sub-Ordinate Service, Rules 1996 and accordingly, provisional and final seniority list of (. 6 A.P.S.P. Constables/ Prohibition and Excise Constables up to 3l-O7-2012 was prepared subject to outcome of O.As/WP/Govt' Orders/Orders of Commissioner Prohibition and Excise, Hyderabad and communicated vide Cr. Nq. A2116612011, dated: 07-04-20 15. Respondent admitted that after finaiizing the seniority list of the absorbed A-P.S.P. Constables the Petitioners were promoted as Prohibition and Excise Head Constables subject to following conditions: - "1. The above promotion is puretl' tempora4' and shall not confer any right what so ever including regularization of services etc , in the cadre of Prohibition arld Excise Head Constable in future. 2. The above Promotion is subject to outcome of O.A's/W.Ps pending before the Hon'ble APAT/High Court/Supreme Court. 3. The above promotion is also subject to finalzation of seniority list on part with the Commissioner of Prohibition and Excise, A.P.., Hyderabad".

9. It is contendcd by Respondent No.2 that seniority list in the present case was communicated on 18-02-2020 and it is settled seniority list and Commissioner of Prohibition and Excise, T.S., Hyderabad being the Head of the Department had issued orders to all the Nodal District Prohibition & trxcise Officers, to revised seniority list in terms of Merit. The said orders of Commissioner were passed based on the direction issued by this Court, Writ Petition No. 31978 of 2O 18 and batch. Certain Prohibition & Excise Constables of Rangareddy t I I 7 and Nizambad districts filed Writ Petition in Writ Petition No' 67O1 of 2018 dated: 28-02-2018 and W'P. No. 26855 of 2019 seeking to prcpare seniority list on Merit basis. [n common order passed by this court in W.P. No. 31978 ol 2018, dated: 18-09-2018 the direction given is that "The Commissioner shall cause notice on all the affected parties and on due consideration of ttrc respectiue objections, shall take appropiate decision as uarranted by taut and communicate tle same to the parties'.lt is categoricallv stated in the counter at para No.2 that the final seniority list dated: |8-O2-2O2O was issued after a provisional seniority list u,as issued in Rc.No.O2/2005/ P&Ex/A 1 dated 24- 04-2018 and after considering the objections fi1cd by the aggrieved partics the final seniority list was issued beising on the date of Appointment and Date of Birth. The APSP constables initially appointed as

10. constables in APSP of Police Department, were sent on deputation to prohibition and excise department in the year 1995 and continued as such for some years. Subsequently, it was felt that the APSP constables who have put in more than three years ol service in excise department, shall be repatriated to their parent department. But, later, the Government had taken the clecision to absorb 2 15 1 APSP constables who were rlorking or-r deputation in excise department by GOMs.No. i 1O3 8 dated 17.08.2007, in the existing vacancies of excise constables duly following the provisions of the Presidential Order and other relevant rules which are in vogue. They were absorbed after obtaining unequivocal/ irrevocable options -from the APSP constable to the effect that they are willing to take scale of pay of prohibition and excise constables. In view of the undertaking and willingness given by way of option, their services were absorbed in various District units of the prohibition and excise during the year 2OO9 , in terms of GOMs' No' I 1O3 dated fi.Oa.2OO7 . Though the said exercise was challenged by the interested persons the same were dismissed by the Tribunal by filing OA.No.3335 of 2OO4 and batch. The Tribunal upheld the orders issued in GOMs.No. 1 1O3 dated 17 'Oa '2OO7 , absorbing 2151 APSP constables in the Prohibition & trxcise Department' When the orders passed by the Tribunal were challcnged before this Court, this Court also upheld the orders issued in GOMs.No. 11O3 dated 17.Oa.2OO7, in its order dated 26'03 2OO9 in WP.No.8573 of 2008 and batch.

11. The post of police constable in APSP is not a local cadre post, whereas the post of Prohibition and excise constable in the AP State excise service is in organized cadre, governed by the Presidential Order. As such, the post of APSP constable is a ,/ 9 State-wide post and unit of appointment is not restricted to either Battalion or anY unit. It is apparent from the pleadings and record that t2. when the merit list of APSP Battalion constables' who were deputed to the excise department is not available as informed by the DG APSP Battalion, vide proceedings C'No'363/A6l2012 dated 24.02.'2012, there was no other option except to prepare a State list ol APSP constables basing on the date of .ioining on deputation in prohibition and excise department' On completion of allotments, the appointment authorities felt that the only possible way for fixing the seniority list is to take date of joining on deputation in the excise department and date of birth of the candidates as per Rule 33 & 36 of the Andhra Praclesh State and Subordinate Service Rules, 1996 ['APSSS Rules'' for brevity). Accordingly, the Nodal Prohibilion and Excise Superinten<lt:nt have finalized the seniority of absorbed APSP constables as per Rules 33 & 36 ofAPSSS Rules and considered promotions 10 the next higher cadre of prohibition and excise head constable in some Districts where there were vacancies'

13. '1'he Commissioner of Prohibition and Excise who is Respondent No. t had initiated steps to prepare the seniorit5r list of Excise Constables in the Excise Department based on the rrlerit list as pcr Rule 33 to 38 of the APSSS Rules with reference \ \ \ \ 10 to merit list of selection of APSP Constables who are later absorbed as Prohibition and Excise Constables and wants to unsettle the settled seniority of Excise Constables issued by the 2 Respondent in the seniori[r list dated 24-04-2018 which was prepared based on the date of joining on deputation in the Prohibition & Excise Department and date of birth. Basing on the list of APSP Constables absorbed as Prohibition and Excise Constables, combined senioritSr list has been prepared by the Commissioner of Prohibition and Excise taking the date of joining and age, if the date of joining is one and the same under Rule 33 to 36 of APSSS Rules. Basing on the list ol absorbed APSP Constables, the Nodal Prohibition and Excise Superintendents concerned have prepared the seniority list of Prohibition & Excise Constables basing on the date of joining and date of birth and promotion to the category of Prohibition and Excise Head Constables were considered. Now, that is sought to be disturbed by way of impugned proceedings.

14. The competent authority had issued a seniority list taking into account date ofjoining/date of birth as the criterion to determine the seniority among absorbed APSP Constables as all APSP Constables absorbed as Excise Constables in the Excise Department duly rejecting the objections filed.

15. The post of Constable in the State Prohibition and Excise Department is organized into a separate cadre as per the said provision. As per Para 3 (8) of the Presidential Order, Central Government is empowered to notify any category to be excluded frorn organization of local cadre. In exercise of powers under Para 3 (8) of the Presidential Order, Government of India has issued notification on 18. 1O, 1975 in G.S.R.No.529 lE, excluding all categories of posts in the Special Police Battalions from the purvierv of the Presidential Order, and in view of such notification, the post of Police Constable in APSP is not a local cadre post, whereas the post of Prohibition and Excise Constable in the A.P. State Excise service is in organized cadre, governed by the Presidential Order as such, the post of APSP Constable is a State-wide post and the unit of appointment is not restricted to either Battalion or any unit. As per Rule 8(1)(a) of the Presidential Order, 8O% of the posts are to be ltlled by direct recruitment from the local area of the unit and only 2Oo/o can be recruitecl from outside the unit i.e., District. The Director General, APSP Battalions vide C.No.363/A6/2012 dated

24.2.2O12 informed that the merit list of APSP Constables who were deputed to Excise Department is not available. Therefore, there was no other option except to prepare a State list of APSP .Constables based on date of joining on deputation in Prohibition I t2 and Excise Department. Accordingly, an exercise has been taken up for implementing the Presidential Order taking the number of locals absorbed in the District and proportional 2OYo open quota to be filled lrom non-locais. Sincg the number of such Constables are more than the number that has given willingness, some Constables have to be compulsorily transferred to other Districts from where they are working at that time to maintain the minimum required proportion of Constables from local area i.e., 80%. Accordingly three options have been called for from such Constables for allotment to the Districts other than where they are working at that point of time. On receipt of options, they have been allotted to the District opted by them or local area or nearby District with refercnce to availability of vacancies keeping in view the I Presidential Order. On completion of allotments, the appointing authorities felt that the only possible way for fixing the seniority list is to take date of joining and date of birth of the candidates under Rule 33 and 36 of APSSS Rules. Accordingly, Nodal Prohibition and Excise Superintendents have finalized the seniority of absorbed APSP Constables under Rule 33 and 36 of APSSS Rules and considered promotions to the next higher cadre of Prohibition and Excise Head Constables in some -4'4 1l Districts wherc there are vacancies. Thereby the 1st Respondent had grossly erred in issuing the impugned proceedings.

16. From the facts and the pleadings, this court comes to a clear conclusion that earlier the seniority list was prepared as per the provisions of Rule 33 to 38 of the APSSS Rules which include the determination of seniority based on the date of joining and agc which method of determining seniority is in accordance u,ith the provisions of the rules and is therefore valid zrnd cannot be disturbed.

17. [n the present case, it appears that the seniority list dated 24-04-2078 was prepared as per the provisions of Rule 33 to 38 of the said rules, which include the determination of seniority' based on the date of joining and age. Further, the petitioners trerein who are the affected parties were not arrayed as parfy Respondents to the lis before this court in ttre earlier round of litigation. As such, orders passed by this Court in W.P. No. 6701 of 2018 and W.P. No. 31978 of 2018 are not binding on the petitioners.

18. Since it appears that there was no selection held for the purpose of promotion or appointment to the posts in question, seniority was determined based on the date of joining of absortred APSP constables. This Court finds that in the absenr:e of :rnv selection list, it is not open to prepare a new I4 seniority list based on the merit obtained in APSP Battalions as per Rule 33 of the APSSS Rules. Therefore, the settled final seniority list prepared and confirmed in earlier cannot be interfered with at this stage by the . 1"t Respondent Commissioner of Prohibition and Excise. The power to prepare and publish senioritlr lists is vested with the appointing authority or any other authori[r empowered to do so by the Government or any other competent authority. This Court finds that the 1st Respondent does not have the power or authority to direct the Nodal Officers to prepare a l-tnal seniority list based on the merit as per Rule 33 of the APSSS Rules, without any appeal being filed and without setting aside the said final seniority lists prepared in various Districts.

19. This Court therefore, comes to a conclusion that seniority lists dated 24-04-2018 prepared as per the provisions ol Rules 33 to 38 of APSSS Rules based on the dates of joining and age are valid and cannot be interfered with. Further, this Court holds that the l"t Respondent does not have the power or authority to direct the Nodal Officers to prepare a Iinal seniority list based on the merit as per Rule 33 of the APSSS Rules.

20. The Writ Petition is allowed, setting aside the impugned ord.er uide proceedings No. Cr. No. 02l2OlSlCPE/82 dated 28-O1-2O20 and consequential proceedings vide Rc- No. .- l5 I O2l2OOSlPilr"ExlA1 dated B-O2-2O2O by the 2nd Respondent as the said proceedings are illegal and arbitrary. No costs.

21. Consequently, Miscellaneous Applications, if any shall stand closed. To, \ \ ,TRUE COPY// SD/-P. GOWRI SHANKAR PIJTY REGIST ECTION OFFICER

1. The Co Bhavan mmissioner of Prohibition & Excise, State of Telangana, Abkari Narnpally Road, Hyderabad.

2. The District Prohibition and Excise officer, Karimnagar, Karimnagar District. 3 The Deputy Commissioner of prohibition and Excise, Karimnagar, Karimnagar District.

4. The Princip_al secretary, prohibition and Excise Department, state of Telangana, Secretariat aLltOings, Hyderabad.

5. One CC to SRI P VENKATA SUBBARAO, Advocate tOpUCl 6. Two ccs to GP for prohibition & Excise, High court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies l\/P BS w HIGH COURT DATED:2810512025 o THE S; l'4 ,G 17 lu[ M z t, k ,-+ I o \ i,l \. \ ORDER WP.No.5533 of 2020 @ (ad ALLOWING THE WRIT PETITION WITHOUT COSTS I I I I I