N. Babu, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No. 44012 of 2017 Order: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) The challenge in this Writ Petition is to the Memo dated 6.12.2017 of the Director General of Police whereby instructions were issued after a rectified provisional State-wide integrated seniority list was published, thereby seeking to alter the placements of the petitioners and other Inspectors of Zone-IV in the panels drawn and communicated, through the rectified seniority list issued vide proceedings dated 8.11.2017, as illegal and arbitrary.

A consequential direction was sought to the respondents to include twenty six (26) posts of Inspectors, while drawing the panels for the panel years from 1993 onwards; and to confirm the dates of 'B' list as assigned in the seniority list of Inspector of Police as communicated vide proceedings dated 8.11.2017. The proceedings dated 8.11.2017 was subsequently withdrawn, and a fresh provisional zonal seniority list and a provisional State-wide seniority list was prepared and published on 28.12.2017 inviting objections thereto, to be filed within one week. While the period of one week has, no doubt, already expired, the fact remains that the petitioners had invoked the jurisdiction of this Court much earlier; and, in view of the pendency of the Writ Petition before this Court questioning the earlier Memos dated 8.11.2017 and 6.12.

2017, the petitioners appear to have failed to avail the opportunity of filing their objections to the provisional seniority list.

In these circumstances, and since the challenge to the earlier proceedings was pending before this Court when the provisional seniority list dated 28.12.2017 was published, we consider it appropriate to grant

the petitioners another opportunity of filing their objections to the provisional seniority list, more so as, even according to the learned Government Pleader for Services, the provisional seniority list has not been finalised till date. The petitioners shall submit their objections, to the provisional seniority list, within one week from today. On such objections being filed, the 3rd respondent shall consider the same in accordance with law before preparing the final seniority list. The Writ Petition is, accordingly, disposed of. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _________________________ (KONGARA VIJAYA LAKSHMI, J) 7th February, 2018 Note:

Furnish c.c. by 8.2.2018.

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THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No. 44012 of 2017 Date: 7.2.2018 pnb