Gundeti Ramu, S/O Shankar, v. Deputy Commissioner Of Prohibition And Excise, Warangal

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.26665 of 2017 ORDER:

It is the case of the petitioner that they are working as Prohibition & Excise Sub Inspectors, in Zone-V and their services were regularized and their probation was also declared. As per Note-I of Rule 3 of the A.P.Prohibition & Excise Subordinate Service Rules (for short 'the Rules'), 50% of the substantive vacancies in the cadre of Prohibition & Excise Sub Inspectors were reserved and earmarked for direct recruitees and the remaining 50% of the vacancies to be filled up by promotees.

Even though it is obligatory on the part of the respondents to prepare inter-se seniority list among direct recruitees as well as promotees in terms of the aforesaid Note-1 Rule-3 of the Rules, before affecting promotions to the post of Prohibition and Excise Inspectors in Zone-5, the respondents have not included the petitioners' names in the provisional seniority list issued on 06.04.2017. It is the case of the petitioners that 38 direct recruitees' names were not found in the provisional seniority list prepared by the respondents, as such, they made comprehensive representations dated 21.12.2016 and 05.01.2017 to the 1st respondent for inclusion of their names in the seniority list. But, so far no action has been taken on their representations. Aggrieved by the same, present writ petition is filed.

Learned counsel for the petitioners submits that the seniority list has not been prepared in terms of Note-1, Rules 3

of the Rules by the 1st respondent and that though the petitioners made several representations dated 17.09.2016, 21.12.2016 and 05.01.2017 the 1st respondent has not taken any action on the same. In the meanwhile, if the provisional seniority list was issued the chances of getting promotions to the petitioners will be affected.

Heard learned Assistant Government Pleader for Services who submits that the 1st respondent will take appropriate action on the representation of the petitioners.

It is to be seen that already the grievance of the petitioners in the writ petition is pending before the 1st respondent by way of representation referred to supra.

In view of the same, without expressing any opinion on merits, the 1st respondent is directed to consider the representations of the petitioners dated 17.09.2016, 21.12.2016 and 05.01.2017, in accordance with the Rules and take action accordingly, within a period of six weeks from the date of receipt of a copy of this order or before making promotions, whichever is earlier. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 09.08.2017 tk