HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 10935 of 2008 DATED 02nd November, 2009 BETWEEN G.Prakasham …Petitioner And The Prohibition & Excise Superintendent, Mahaboobnagar District and anr. …Respondents. HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 10935 OF 2008: ORDER: (per VVA.J.) This Writ Petition is directed against the order dated 23.03.2008 of the Andhra Pradesh Administrative Tribunal passed in OA.No.3693 of 2005. By the order impugned dated 12.07.2005 and consequential order dated 21.4.2008 thereto, the Prohibition and Excise Superintendent, Mahaboobnagar District reverted the petitioner from the post of Incharge Prohibition and Excise Head Constable to the post of Prohibition and Excise Constable. The petitioner questioned the order dated 12.07.2005 before the Tribunal by filing O.A.No. 3693 of 2005 stating that he was appointed as Prohibition and Excise Constable in the year 1992 and in the final seniority list dated 21.04.1993 issued by the first respondent, his name was shown at serial No. 79. The petitioner contended that he was promoted on 08.01.2004 as Incharge Prohibition & Excise Head Constable and had been working as such. At the instance of the other constables, the said seniority list was sought to be revised, which resulted in issuance of revised final seniority list on 20.06.2005. In the revised final seniority list dated 20.06.2005, the position of the petitioner from Serial No. 79 in the common seniority list dated 21.04.1993 has come down to 13 positions further. The said revised seniority list therefore resulted the petitioner loosing his seniority and consequently impugned order dated 12.07.2005 and consequential order dated 21.04.2008 were passed withdrawing the petitioner from the incharge arrangement made for the post of Prohibition & Excise Head Constable. Questioning the said revised final seniority list dated 20.06.2005, earlier, the petitioner and others filed O.A.No. 3348 of 2005, which was allowed by the Andhra Pradesh Administrative Tribunal by an order dated 03.01.2007 setting aside the seniority list dated 20.06.2005. Aggrieved by the said order dated 3.1.2007, some other affected constables filed Writ Petition No. 14298 of 2007 before this Court. This Court allowed the said Writ Petition by an order dated.22.12.2008 directing the first respondent-appellate authority to dispose of the appeal filed by the petitioners therein against the provisional seniority list dated 21.4.1993, afresh, by affording opportunity of hearing to both the parties. This Court while admitting the present Writ Petition on 21.05.2008 suspended the operation of the order dated 21.04.2008 of the first respondent on the premise that the revised seniority was set aside by the Tribunal in its order dated 03.01.2007 in OA.No.3348 of 2005. Now, the respondents 1 and 2 filed application seeking vacation of the said interim order dated 21.05.2008 specifically stating therein that the order in OA.No. 3348 of 2005 was in fact reversed by this Court vide order dated 22.12.2008 in WP.No.14298 of 2007. The operative portion of the said order reads as under: “Accordingly we allow the writ petition and remand the matter to the first respondent-appellate authority with a direction to dispose of the appeal filed by the petitioners afresh after affording an opportunity of hearing to the petitioners as well as the unofficial respondents, without being influenced by any of the observations made in this order. Both the parties are at liberty to raise all the contentions which they would like to urge before the appellate authority. However, the first respondent-appellate authority is directed to dispose of the appeal as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs” We are informed by the learned Government Pleader that pursuant to the aforesaid order, the appellate authority, after issuing notice to all the parties, by an order in proceedings Cr.No.6992/2005/CPE/H3, dated 02.03.2009, has held that the revised seniority list prepared by the Prohibition and Excise Superintendent, Mahaboobnagar vide proceedings dated.20.06.2005 is in conformity with Rule 33 of the A.P. State Subordinate Service Rules 1996 and holding so, the appellate authority disposed of the appeals. We are further informed that aggrieved by the said order, three constables including the petitioner approached the Tribunal and filed another OA. In that view of the matter, the seniority list of 1993 based on which the petitioner claims that he was promoted as incharge prohibition and Excise Head Constable stands revised by the revised final seniority list dated 20.06.2005. In view of the said revised final seniority list, the petitioner looses his seniority by 13 places and therefore, the incharge arrangement made earlier to him was withdrawn by the impugned proceedings dated 12.07.2005. The Tribunal dismissed the OA.No. 3693 of 2005 filed by the petitioner questioning the said proceedings dated 12.07.2005,not on different grounds, but adverting to the rule position governing the subject matter. In view of the foregoing reasons, the petitioner cannot claim any legal right to the incharge arrangement made to the promotional post. We do not see any error of law in the order passed by the Tribunal. The Writ Petition is therefore devoid of merits and is accordingly dismissed. Consequently, the interim order dated 21.05.2008 stands vacated. No order as to costs. ----------------------------- JUSTICE V. ESWARAIAH -------------------------------------- JUSTICE VILAS V. AFZULPURKAR Dated 02nd November, 2009. Msnr.