IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 12228 of 2009 Between: K. Anitha W/o. Rajendra Babu (Task Force) Adilabad, Adilabad District. ..... PETITIONER AND 1 The Commisioner of Proh. & Excise Government of A.P. Hyderabad. 2 State of A.P. Rep by its Principal Secretary, Revenue (Excise) Department Secretariat, Hyderabad. 3 The Deputy Commis;sioner of Proh. & Excise Warangal Division, Warangal. .....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 issue a writ order or direction in the nature of writ of mandamus or otherwise declaring the order of the Hon'ble Tribunal in OA No. 4567/09 dt. 1-5-2009 in so far as it relates to not granting interim relief sought by the petitioner in the O.A. and also declaring the Proceedings Cr.No. 2399/2009/CPE/L#-2 dt. 9-3-09 issued by the 1st respondent in so far as it relates to altering the petitioner's date of regularization in the cadre of Proh. & Exicse Inspector from 2-11-96 to 21-11-96 is concerned as arbitrary illegal, and erroneous, violative Articles 14, 16 and 21 of the Constitution of India and set aside the same and issue consequential directions directing the respondents to forthwith reckon the seniority of the petitioner in the cadre of Proh. & Excise Inspector in taking into account the date of regularization of the petitioner in the cadre of Proh. & Excise Inspector w.e.f 2-11-96 instead of 21-11-96 and consider the case of the petitioner for promotion to the post of Asst. Proh. & Excise Supdt. taking into account the petitioner’s date of regularization in the cadre of Proh. & Excise Inspector as 2-11-96 pending disposal of the O.A.No. 4567/2009 by the Hon'ble Tribunal. Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) The petitioner herein filed O.A.No.4567 of 2009 questioning the proceedings of the first respondent in Cr.No.2399/2009/CPE/L3-2, dated 9.3.2009, communicating the integrated seniority list of Prohibition and Excise Inspectors of Multi Zone-III and calling for objections, if any, to be filed before the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad, on or before 25.3.2009. It is the case of the petitioner that the petitioner also filed objections before 25.3.2009. It is stated that as per the said proceedings dated 9.3.2009 the date of regularization of the petitioner was altered from 2.11.1996 to 21.11.1996 without any authority of law. It is stated that as per the final seniority list of Prohibition and Excise Inspectors for Zone V by proceedings dated 5.10.2007 issued by the Deputy Commissioner of Prohibition and Excise, Warangal, the date of regularization of the petitioner was shown as 2.11.1996 in the provisional integrated seniority list of Prohibition and Excise Inspectors of Multi Zone III for the panel years 1989- 90 to 2001-02 and the petitioner was shown at Sl.No.86 and her date of regularization was changed to 21.11.1996. It is stated that absolutely no reasons were mentioned for changing the date of regularization. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Services-I for the respondents. We are not inclined to express any opinion as admittedly the petitioner filed objections and her objections are yet to be considered by the 1st respondent for passing appropriate orders. But, however, the learned counsel for the petitioner apprehends that even before her objections are considered and final seniority list is published, her juniors are going to be considered for promotion. The learned Government Pleader appearing for the respondents fairly submits that after considering all the objections final seniority list will be published and then only promotions will be affected. Having regard to the facts and circumstances of the case, without going into the merits of the case, as the said O.A.No.4567 of 2009 is still pending and admittedly the objections filed by the petitioner are pending consideration by the 1st respondent, Commissioner of Prohibition and Excise, we dispose of the writ petition directing the 1st respondent to consider and dispose of the objections filed by the petitioner and others in accordance with law and communicate the final seniority list to the petitioner. However, we are of the opinion that the consequential promotions shall not be affected for a period of one week from the date of communication of the final seniority list, so as to enable the aggrieved party to question the same before the appropriate authority. The writ petition is accordingly disposed of. As the writ petition itself is disposed of, nothing survives in O.A.No.4567 of 2009 and therefore the said O.A. also shall stand closed. No order as to costs. ___________________ V.ESWARAIAH, J. _____________________ P.SWAROOP REDDY, J. 24.6.2009 Note: Issue copy in two days B.O. kpr