IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6332 of 2008 Between: 1 The Commissioner of Prohibition & Excise, Nampally, Hyderabad. 2 The Deputy Commissioner Prohibition & Excise, Warangal Division A.P. .....PETITIONERS AND K.Chandraiah, Kothagudem, Khammam District. .....RESPONDENT 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 issue a Writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P.Admn, Tribunal, Hyderabad passed in O.A.No.4580/2007 dated 31.01.2008 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioners:GP FOR SERVICES II Counsel for the Respondent: R.V. Mallikarjuna Rao The Court made the following : THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE S. ASHOK KUMAR W.P. No. 6332 of 2008 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) This writ petition is filed against the order dated 31.1.2008 passed by the A.P. Administrative Tribunal in O.A. No. 4580 of 2007. The respondent herein filed the said O.A. before the Tribunal seeking to direct the respondents – petitioners herein to accord regularization of his services in the category of Excise Inspector from the date of his actual regular appointment to the post of Excise Inspector in Warangal District against the SC backlog vacancy at roster point No.2, which remained unfilled from 1975 onwards and to give appropriate placement in the seniority list of Excise Inspectors along with 1994 promotees in Warangal Division and to consider his case for appointment as Assistant Excise Superintendent in the existing vacancy on par with his juniors and to declare the action of the respondents – petitioners herein in regularizing his services as Excise Inspector from 28.7.1998 as illegal and arbitrary. Having considered the matter, the Tribunal held that the applicant – respondent is entitled to be regularized from the date of his appointment as Excise Inspector against the roster point No.2 reserved for SC from the date of his appointment i.e. 1.6.1994 and accordingly he shall be placed in the seniority and if any juniors to the applicant have been considered for promotion as Assistant Excise Superintendents, the applicant’s case shall also be considered on par with his juniors. Against the said order passed by the Tribunal, the petitioners filed this writ petition. Heard the learned Government Pleader for Services-II appearing for the petitioners and Sri R.V. Mallikarjuna Rao for respondent and perused the material available on record. Though the learned Government Pleader contended that the Department has rightly fixed the seniority of the respondent and that the Tribunal has not considered this aspect and erroneously passed the order impugned in this writ petition, a perusal of the material available on record discloses that in the year 1994 the case of the respondent was considered for recruitment by transfer to the post of Excise Inspector as per the Special Rules against roster point No.2 meant for SC candidates, which was left unfilled and carried forward from 1975 onwards because of unavailability of qualified candidates. It is not in dispute that the respondent belongs to SC community. It is also to be seen that the Government has given relaxation with regard to height vide G.O.Ms.No. 393 dated 6.5.1994 and the respondent was promoted vide proceedings No.305/93/Ex/A1 dated 1.6.1994 against roster point No.2 as Excise Inspector. In such view of the matter, as rightly held by the Tribunal, the case of the respondent has to be considered from the date of his promotion against roster point in the year 1994 which has been carried forward for non-availability of qualified candidates from 1975 onwards and as such he is entitled to be regularized from the date of his appointment as Excise Inspector. The Tribunal has considered all the aspects and rightly passed the order impugned in this writ petition and, therefore, we find no error or legal infirmity in the order passed by the Tribunal warranting interference of this Court. We find no merit in this writ petition. It is accordingly dismissed. T. MEENA KUMARI, J. S. ASHOK KUMAR, J. Date: 26-03-2008. MVB.