HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NOs.26495, 27748 , 27749 of 2010 Between: J.Parimala Hana Nutan and others .... PETITIONERS AND S.J. JANARDHAN and others .....RESPONDENTS THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NOs.26495, 27748 , 27749 of 2010 Common Order (Per Hon'ble Sri Justice Ghulam Mohammed) Writ Petition No.26495 of 2010 has been filed by the unofficial respondents challenging the order dated 9- 7-2010 in O.A.No.3669 of 2007 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, and Writ Petition Nos.27748 of 2010 and 27749 of 2010 has been filed by the applicant in O.A.No.3669 of 2007. Since the issue involved in these writ petitions is interlinked, they are disposed of by this common order. Insofar as writ petition no.26495 of 2010 is concerned, one S.J. Janardhan ( hereinafter referred to “applicant), filed O.A.No.3669 of 2007 seeking to declare G.O.Ms.No.111, Home Department, dated 31-5-2007 issued by the 1st respondent Government insofar as it relates to date of regularization and declaration of probation and ranking as illegal and arbitrary, apart from violative of principles of natural justice and consequently sought direction to reckon seniority of the applicant in the cadre of Deputy Superintendent of Police with effect from 26-5-1993 in terms of G.O.Ms.No.261 Home Department dated 26-8-2002 by placing the name of the applicant at the appropriate place in the inter se seniority list of Deputy Superintendents of Police and also direct the respondents to consider the case of the applicant for promotion to the post of Superintendent of Police ( Non- cadre) by taking into account the seniority of the applicant in the cadre of Additional Superintendent of Police with effect from 17-1-2003 as per G.O.Ms.NO.19 dated 17-1-2003 as per the ranking given to the applicant in G.O.Ms.No.261 dated 26-8-2002 by following the rule of reservation under Rule 22 of the A.P. State and Subordinate Service Rules. The contention that was advanced before the Tribunal on behalf of the applicant was that pursuant to the representation of the applicant-S.J. Janardhan, the Government issued G.O.Ms.No.261 dated 26-8-2002 fixing his seniority with effect from 26-5-1993 in the category of Deputy Superintendent of Police category-II, and that the respondent-authorities are expected to follow the said G.O. before reviewing the seniority lists, but without following the same issued the G.O.Ms.No.111 dated 31-5-2007. Considering the above circumstances, the Tribunal directed to review the seniority of the applicant by taking into consideration G.O.Ms.No.261 dated 26-8-2002 and to fix his seniority in the cadres of Deputy Superintendent of Police Category-II and Additional Superintendent of Police at the appropriate places and to pass appropriate orders as per the existing rules in force and also to consider the claim of the applicant for promotion to the post of Superintendent of Police (non-cadre) according to rules. Challenging the said orders of the Tribunal in O.A.No.3669 of 207 dated 9.7.2010, Writ Petition No.26495 of 2010 has been filed by the direct recruited Deputy Superintendents of Police, contending that their rights are affected by virtue of the said judgment. Sri J.R. Manohar Rao, learned counsel for the petitioners in W.P.No.26495 of 2010 contended that according to Rule 3 of the A.P. Police Service Rules, the post of Deputy Superintendent of Police (Category-2) is to be filled by direct recruitment or recruitment by promotion from Inspectors of Police. Learned counsel also contended that any person to be appointed by promotion or from category-3 shall be within the ratio of 1:2 (i.e. direct recruits and promotees), and that when objections were filed against the placement of the applicant ( first respondent ) the Government issued final seniority list vide G.O.Ms.No.111 dated 31-5-2007, and that by virtue of the impugned orders passed by the Tribunal, the applicant is becoming senior to the writ petitioners and several others and without considering their claims the Tribunal ought not to have passed this order which affects the rights of the parties. On the other hand, Sri P.V. Krishnaiah, learned counsel for the applicant contended that on the representation filed by the applicant, the Government issued G.O.Ms.No.261 dated 26-8-2002 fixing his seniority with effect from 26-5-1993, and that O.A. was filed, seeking to review the seniority by taking into account G.O.Ms.No.261. Thus, the applicant filed O.A. only insofar as it relates to the date of regularization and that was his grievance, and the Tribunal has rightly adjudicated the matter and that the Tribunal has not given any positive direction in that regard, therefore no interference is warranted in this writ petition. Learned Government Pleader on instructions submits that there is substantive vacancy in the year 196 to accommodate the applicant. According to the applicant he was appointed as Reserve Sub Inspector by direct recruitment and subsequently he was promoted as Reserve Inspector in November, 1983. Later he was promoted as Assistant Commandant on 26-5-1993, and that the applicant was appointed as Deputy Superintendent of Police by relaxing the relevant rules while exercising the power under Rule 47 of the A.P. State and Subordinate Service Rules. The Tribunal on consideration of the matter inter alia directed the respondents to review the seniority of the applicant by taking into consideration G.O.Ms.No.261 dated 26.8.2002 and to fix his seniority. Pursuant to the orders of the Tribunal the Government passed orders dated 28-9-2010, wherein it was provisionally decided to include the names of the applicant and another person at Sl.No.158 (a) and 158(b) in the final seniority list of D.S.Ps., published vide G.O.Ms.No.111 dated 31-5-2007. The relevant portion of the order reads as under : “ … The Government after careful examination of the matter, have provisionally decided to include the names of Sri S.J. Janardhan and Sri K. Mahdava Rao, at Sl.No.158 (a) and 158(b), in the final seniority list of D.Ss.P. (Civil) published vide G.O.Ms.No.111 Home (Ser.1) Department, dated 31-5-2007 below Sri A. Radha, and above Sri N. Daniel, keeping in view the provisional seniority list issued in G.O.Ms.NO.24 dated 9.2.2007 by way of an amendment, and so as to make them in consonance with the final seniority list of Addl. Superintendent of Police (NC), subject to outcome of the W.P.No.3633 of 2008. The affected individuals are requested to submit their objections, if any, within 15 days from the date of receipt of this Memo on the proposed inclusion…” Challenging the said memo dated 28.9.2010, whereby the objections were called for, the unofficial respondents filed O.As. before the Tribunal. Considering the submission of the learned Government Pleader that there is substantive vacancy to accommodate the applicant before the Tribunal in the year 1996, in O.A.No.3669 of 2007 and further against the proceedings dated 28.9.2010, the unofficial respondents have approached the Tribunal, whereby the Tribunal directed to maintain status quo of the applicants in those O.As., we therefore do not see any ground to interfere with the orders passed by the Tribunal in O.A.No.3669 of 2007. Insofar as Writ Petition Nos.27748 and 27749 of 2010, arising out of interim orders passed O.A.Nos.7477 and 7403 of 2010 respectively, since the matter has been seized of by the Tribunal, in the absence of any final decision in the matter, and in order to avoid any parallel proceedings, we are not inclined to entertain the Writ Petition at this juncture. Suffice it to say that the Tribunal shall dispose of the O.As. on merits, uninfluenced by any of the observations made in this order, expeditiously. Accordingly, the Writ Petitions are dismissed. No costs. _______________________ GHULAM MOHAMMED, J ______________________ N. RAVI SHANKAR , J DATE: 24-11-2010 Kk HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NOs.26495, 27748 , 27749 of 2010 24-11-2010