THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NO. 21085 of 2009 14-07-2010 BETWEEN; C.Shiva Reddy and ten others ...Petitioners vs. The Government of A.P rep. by Secretary, Home Department, Hyderabad and 7 others. ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NO. 21085 of 2009 ORAL ORDER: (Per GR,J) Heard Sri K.Rama Mohan Mahadeva, the learned counsel for the petitioners and the learned Government Pleader for Services-I for the respondent Nos.1 to 3. In the light of this order disposing of the writ petition, we do not consider it necessary to issue notice to the respondent Nos.4 to 8 who are the applicants in O.A.No.8335 of 2005 on the file of the learned A.P. Administrative Tribunal, Hyderabad (the Tribunal). The writ petition is directed against the order dated 10-07-2009 of the Tribunal in O.A.No.8335 of 2005. The non official respondents herein had filed the O.A. seeking a revision of seniority of Head Constables in the A.P. Special Police Force as was directed in an earlier order of the Tribunal dated 16-04-2004 in O.A.No.894 of 2001. That O.A was filed by one Anandaiah who was directly recruited as a Constable in the SPF seeking a direction to the respondents therein to reckon his seniority and of others similarly situated, in accordance with their promotions as Head Constables and to consider their cases for further promotion on the said basis; and for a declaration that the action of the respondents in deviating from the same without a proper seniority list and without notice to the effected persons and contrary to the Government’s order on the aspect, was illegal. By an order dated 16-04-2004, O.A.No.894 of 2001 was disposed of directing the respondents therein to reckon the seniority of the applicant therein and others similarly situate as per their original promotions as Head Constables without giving any preferential treatment to Lance Naiks and Naiks, while considering promotions to the category of Assistant Sub Inspectors and further directing any further promotions made will be in strict conformity with the orders of the Government in G.O.Ms.No.237. The respondents therein were also directed to publish a seniority list strictly in accordance with the rules in the first instance after receipt of the objections from the aggrieved parties, finalise the same and that all further promotions from the cadre of Head Constables shall be based on such final seniority list. Aggrieved by the order in O.A.No.894 of 2001, certain officers who had come into the Special Protection Force from Central Police Organisations (as the petitioners herein have), challenged the order before this Court in W.P.No.12353 of 2005. This Court by an order dated 13-06-2005 in WPMP No.15723 of 2005, on a view that a consequential order dated 02-06-2005 issued by the Inspector General of Police (based on the order of the Tribunal in O.A.No.894 of 2001) revising the seniority of the writ petitioners (in W.P.No.12353 of 2005) was without notice to them, directed status quo obtaining as on 13-06- 2005, with regard to service of the petitioners, until further orders. Stimulated by the earlier order of the Tribunal in O.A.No.894 of 2001, the non-official respondents herein filed O.A.No.8335 of 2005 seeking similar reliefs as Mr.Anandaiah, the applicant in O.A.No.894 of 2001. The Tribunal by the order impugned having noticed the chronology of events narrated briefly herein, its earlier order dated 16- 04-2004 in O.A.No.894 of 2001 and the interim order of status quo passed by this Court in W.P.MP.No.15723 of 2005 in W.P.No.12353 of 2005, directed the official respondents to prepare a revised seniority list as per its earlier order in O.A.No.894 of 2001 but without disturbing the seniority of the petitioners in W.P.No.12353 of 2005 (who are protected by the status quo order ) and further directed that their promotions be made according to such revised seniority list, within the stipulated time. The grievance of the petitioners herein is that as a consequence of the impugned order of the Tribunal, their seniority would be revised vis-à-vis the non official respondents and without notice to them. In the circumstances of the case and as the singular grievance of the petitioner herein is as regards compliance with the principles of natural justice, the writ petition is disposed of directing the official respondents herein to consider revision of the seniority of the petitioners herein vis-à-vis the non official respondents – the applicants in O.A.No.8335 of 2005 only after issuing a notice to the petitioners. In case the seniority of Constables/Head Constables in the SPF had already been revised by the official respondents herein, pursuant to the earlier order of the Tribunal, in O.A.No.894 of 2001 and if such revision was without notice and opportunity to the petitioners herein, the official respondents herein shall de novo undertake the exercise of revision of seniority in the cadre of Constables/Head Constables in accordance with the order of the Tribunal dated 16-04- 2004 in O.A.No.894 of 2001 as reiterated in the order of the Tribunal dated 10-07-2009 in O.A.No.8335 of 2001 (impugned herein) but after affording the petitioners and others affected, an opportunity to submit objections to the proposals for revision of seniority. The revision of seniority may be finalised by the official respondents only after complying with principles of natural justice. The learned counsel for the petitioners states that the petitioners have no grievance with such a course of action and procedure to be adopted by the non official respondents. The writ petition is thus disposed of as above, at the stage of admission. No order as to costs. ______________ GODA RAGHURAM,J ______________ R.KANTHA RAO, J 14th JULY 2010. TSNR