IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7401 of 2009 Between: 1 G.Shyam Sunder, S/o. Sataiah, R/o. Waddepally, Hanamkonda, Warangal District (Hall Ticker No.160) 2 N.Deyakar, S/o. Vittal, R/o. Nakkalaguta, Hanamkonda Mandal, Warangal District (Hall Ticket No.252) 3 A.Kailasham, S/o Venkateswamy, R/o. Gundlasingaram,Hanamkonda Mandal, Warangal District (Hall Ticket No.282) 4 N.Ashveeradam, S/o. Bhoomaiah, R/o. Ol Bus Depot, Gokulunagar, Warangal Distict, Hanamkonda Mandal, (Hall Ticket No.281) 5 R.Param Jyothi, S/o. Das S.C., R/o. H.No.2-9-1063, Waddepally, Warangal Distict, Hanamkonda Mandal, (Hall Ticket No.271) 6 G.Gopala Swamy, S/o. Lingaiah, R/o.Kotturu, Warangal Distict, Hanamkonda Mandal, (Hall Ticket No.286) 7 D.Venkateshwarulu, S/o. Somaiah, R/o.Kotturu, Warangal Distict, Hanamkonda Mandal, (Hall Ticket No.288) 8 M.Showraiah, S/o. Laxmaiah, Dharmsagar Villag and Mandal, Warangal district,(Hall Ticket No.129) 9 K.Purn chander, S/o. Lat Kanthaiah, R/o. Gopalapur, hanamkonda, Warangal district (Hall Ticket No.132) ..... PETITIONER(S) AND 1 The Government of A.P. Rep by its Principal Secretary, Revenue (Excise) Department, Secretariat Buildings,Hyderabad 2 The Commissiner of Prohibition & Excise, government of A.P., Hyderabad. 3 The Director General & Inspector General o Police, Government of Andhra Pradesh, Hyderabad. 4 The Additional Director General of Police, A.P.S.P.Battalions, % the DG of Police Compound, Hyderabad. 5 The Additinal Director General of Police, Recrutiment & Training, % the DG of Police Compound, Hyderabad. 6 The Government of A.P., Rep. by its Secretary, Secretariat, Buildings, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ or Direction particularly a Writ in the Nature of Mandamus or otherwise declaring the G.O.Ms.No.1103 Revenue (Ex.1) Departent dated 17-8-2007 issued by the 1st respondent as arbitrary, illegal, malafide, unconstitutional violating Article 14, 16 and 21 of the Constitution of India apart from ultra virus to rule 3 of the A.P. Excise Subordinate Service Rules as well as the presidential Order and also law laid down by the hon'ble Supreme Court in case of V.Jagannadha Rao reported in 2002 S.C.77 and State of Karnataka Vs.Uma Devi Reported in 2006 (4)SCC Page 1 and set aside the same and further declare the Judgment of the Hon'ble Tribunal dated 10.4.2008 in O.A.No.4927/2007 as equally arbitrary, illegal and erroneous and set a side the same and issue consequential directions directing the respondents to forthwith implement Government Memo No.32167/Ex1(2)/2004 dt. 8-6-2005 issued by the 1st respondent and further direct the respondent to consider the case of the petitioners and other similarly placed persons for appointment as Excise constables in the existing vacancies before resorting to any other method taking in to account the various directions given by the Hon'ble High Court as well as the Hon'ble Supreme Court of India by enforcing fundamental rights of the petitioners under Articles 14, 16 and 21 of the Constitution of India and pass Counsel for the Petitioner:MR.G.SIMHADRI Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : .. ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 10.4.2008 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 4927 of 2007. The learned counsel appearing for the petitioners submits that the subject matter of this Writ Petition is squarely covered by the judgment of this Court dated 26.3.2009 passed in Writ Petition Nos. 8573, 10432 of 2008 and batch, wherein and whereby this Court directed the Government as under: “On above analysis of the matter, we direct the respondents- Government to consider giving exemption to the petitioners from subjecting themselves to physical efficiency tests of One Star and Three Star in addition to the age relaxation in view of the long lapse of time, in the posts of Excise Constable now sought to be filled-up, inasmuch as no recruitment has been taken up, the Government in all fairness should come forward to do justice to the petitioners and other similarly situated persons who are active and said to be around 200 in number.” Following the above judgment passed in W.P.Nos.8573 and 10432 of 2008 and batch, this Writ Petition is also disposed of. There shall be no order as to costs. Office is directed to annex a copy of the judgment dated 26.3.2009 passed in W.P.Nos. 8573 and 10432 of 2008 and batch with this order. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 27.4.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P. Rep by its Principal Secretary, Revenue (Excise) Department, Secretariat Buildings,Hyderabad 2 The Commissiner of Prohibition & Excise, government of A.P., Hyderabad. 3 The Director General & Inspector General o Police, Government of Andhra Pradesh, Hyderabad. 4 The Additional Director General of Police, A.P.S.P.Battalions, % the DG of Police Compound, Hyderabad. 5 The Additinal Director General of Police, Recrutiment & Training, % the DG of Police Compound, Hyderabad. 6 The Government of A.P., Rep. by its Secretary, Secretariat, Buildings, Hyderabad. 7. 2CC to G.P. for Services II, High Court of A.P., Hyderabad OUT 8. 2 CD copies