IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION Nos.20159, 20209, 21244, 21689, 21691, 21791, 22124, 22212, 22580, 22986, 23473 of 2004 AND 40 AND 3083 OF 2005 WRIT PETITION No: 20159 of 2004 Between: 1 P. Vijaykumar, S/o Appaiah, Gudur, Nellore District. 2 Md. Ghouse Basham S/o Abdul Shukur, Sub Divisional Prohibition & Excise Office, Markapur, Prakasam District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (EXcise-I) Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Hyderabad. 3 The Deputy Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Guntur. 4 S. Mohan Rao, O/o Prohibition & Excise Superintendent, Nellore. 5 S. Srinivasulu, O/o Prohibition & Excise Superintendent, Atmakur. 6 Y. Venkateswarlu, O/o Prohibition & Excise Superintendent, Nellore. 7 T.B. Rajender Prasad, O/o Dy. Commissioner of Prohibition & Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of "Certiorari" call for the records relating to the order dated 27-2-2004 passed in O.A.No. 5931of 1999 and order dated 7-9-2004 passed in M.A.No. 2423/2004 in Rev.M.A.No. 2969/2004 in O.A.No. 5931/1999 by he Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as unjust, without any basis and contrary to the principles of natural justice further direct the respondents to continue the petitioners as I/c Prohibition and Excise Sub Inspectors with all consequential benefits. Counsel for the Petitioners: MR.M.RATNA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE (EXCISE) Counsel for the Respondent Nos.1 to 7: MR.P.V.RAMANA (CAVEATORS) WRIT PETITION No: 20209 of 2004 Between: 1 S. Sirajuddin, S/o. Kaja Peer, R/o. Erraguntla, Kadapa District. 2 P. Peeru Saheb, S/o. P. Hussain Saheb, R/o. Madakiasira, Ananthapur, Ananthapur District. 3 C. Nagaraja Reddy, S/o. C. Narayana Reddy, R/o. Kadumuru, Kurnool, Kurnool District. 4 V. Sudhakar, S/o. Late Parusuramaiah, R/o. Sattenapalli, Guntur, Guntur District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Excise-I), Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Guntur. 4 S. Mohan Rao, O/o. Prohibition and Excise Superintendent, Nellore. 5 S. Srinivasulu, O/o. Prohibition and Excise Superintendent, Atmakur. 6 Y. Venkateswarlu, O/o. Prohibition and Excise Superintendent, Nellore. 7 T.B. Rajender Prasad, O/o. Prohibition and Excise Superintendent, Guntur. 8 The Deputy Commissioner of Prohibition and Excise Govt. of A.P., Kurnool (R8 is impleaded as per court order dt. 23-11-2004 in WPMP 28029 of 2004) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Certiorari or any other appropriate Writ, Order or Orders, Direction or Directions to quash the judgment of the 1st Respondent in O.A.No.5931/1999 dated 27-2-2004 and also to set aside the consequential G.O.Ms.No.815 dated 15-10- 2004 issued by the 2nd Respondent and to issue consequential directions to Respondents 2 and 3 to continue the petitioners as Prohibition and Excise sub- inspectors. Counsel for the Petitioners: MR.V.SRINIVAS Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION No: 21244 of 2004 Between: 1 K.S.C. Sekhar, S/o late Peter Prohibition & Excise Sub-Inspector, Sub-Divisional Task Force, Vijayawada, Krishna District 2 A.V. Rama Rao S/o Sri Dharmaiah Sub-Inspector, Rampachodavaram, East Godavari District 3 R.V.L Narasimha Rao S/o Sri Bapl Raju Sub-Inspector, Tanuku West Godavari District 4 K. Tata Reddy S/o late Dana Reddy Sub-Inspector, Jangareddygudem, West Godavari District 5 P.N. Subrahmanyam S/o late Venkat Rao Prohibition & Excise Sub-Inspector, Vijayawada(East), Krishna District 6 Y. Eswara Rao S/o late Apparao Prohibition & Excise Enforcement wing Vijayawada, Krishna District 7 P.V. Satyanarayana S/o late Anjaneyulu Prohibition & Excise Sub-Inspector, Sub-Divisional Task Force, Gudavada, Krishna District 8 P. Satyanarayana Rao S/o Sri Papa Rao Sub-Inspector, Amalapuram, East Godavari District 9 Bh. Ramakrishna Murthy S/o Sri Lakshmi Narasimham Sub-Inspector, Vijayawada (West), Krishna District 10 P. Mahatama Raju S/o Sri Samba Murthy, Apparao Prathipadu, East Godavari District 11 M. Siva Sankar S/o Ratnacharyulu Prohibition & Excise Sub-Inspector, Kakinada, East Godavari District 12 K. Bangaraiah S/o Late Bangaraiah Sub- Inspector, Ranasthalam, Srikakulam District. ..... PETITIONERS AND 1 The Government of Andhra Peadesh, rep by Principal Secretary to Government, Revenue (Excise-1) Department, Secretariat, Hyderabad 2 The Commissioner of Prohibition and Excise Government of Andhra Pradesh, Hyderabad 3 The Deputy Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Guntur. 4 S. Mohan Rao, Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore. 5 S. Srinivasulu, Junior Assistant, O/o Prohibition and Excise Superintendent, Atmakur. 6 Y. Venkateswarly, Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore. 7 T.B. Rajender Prasad, Junior Assistant, O/o Dy. Commissioner of Prohibition and Excise, Guntur. 8 Ch. Venkatakumar S/o. Sainarayana O/o. Sub Divisional Prohibition & Excise Officer, Eluru, W.G. District 9 K. Narasimha Rao S/o. Laxmana Swamy O/o. Proh. & Excise Superintendent, Machilipatnam, Krishna District. 10 G.V. Narasinga Rao S/o. Suryanarayana O/o. Proh. & Excise Superintendent, Eluru, W.G. District 11 Shaik Mahabub Subhani S/o. S.K. Subhani O/o.Dy. Commissioner of Proh. & Excise Kakinada, E.G. District 12 Shaik Hyder S/o.Shaik Mahabub Jani O/o.Dy. Commissioner of Proh. & Excise Kakinada, E.G. District. 13 K. Rambabu S/o. K, Sathi Raju O/o. Assistant Commissioner of Proh. & Excise Kakinada, E.G. District 14 Md. Jainulabdin S/o. Mohiddin O/o. Proh. & Excise Inspector Bhimavaram, E.G. District 15 Shaik Mohammad Ali S/o. Sk. Mastan Ali O/o. Proh. & Excise Superintendent, Machilipatnam, Krishna District 16 Palika Venkat Raman S/o. Palika Naga Raju O/o.Dy. Commissioner of Proh. & Excise Kakinada, E.G. District (RR 8to16 impleaded as per court order dt. 2-2-2005 in WPMP 33109 of 2004) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or order or direction more in the nature of Writ of Mandamus declaring the orders dated 27-02-2004 passed in O.A. No. 5931 of 1999on the file of the A.P Administrative Tribunal Hyderabad and consequential orders of the first respondent issued in G.O.Ms. No. 815 Revenue (Excise-I(2) Department dated 15-10-2004 as illegal, arbitrary and unsustainable and consequentially direct the first and second respondents to continue the petitioners as Prohibition and Excise Sub-Inspectors on regular basis, after calling for the files. Counsel for the Petitioners: MR.P.V.S.S.S.RAMA RAO Counsel for the Respondents: GP FOR EDUCATION WRIT PETITION No: 21689 of 2004 Between: 1 P.Bikshapathy Rao, S/o Rajaiah, Incharge Proh. & Excise Sub. Inspector, S.H.O. Suryapet, Nalgonda District 2 Mohd. Samiullah, S/o Rahamatullah, Incharge Proh. & Excise Sub.Inspector, S.H.O, Amanagal, Mahaboobnagar District 3 B.Sanjeevaiah, S/o Balaiah, Incharge Proh. & Excise Sub. Inspector, SHO Andole, Medak District 4 Khaja Moizuddin, S/o Khaja Moinuddin, Incharge Proh. & Excise Sub. Inspector, SHO Shadnagar, Mahaboobnagar District 5 M.A.Ghaffar, S/o Quadeer, Incharge Proh. & Excise Sub. Inspector, SHO Telkapally, Mahaboobnagar District 6 K.Ramulu, S/o Pentaiah, Incharge Proh. & Excise Sub. Inspector, S.T.F., Hyderabad 7 S.Mohan, S/o Bhomaiah, Incharge Proh. & Excise Sub. Inspector, Check Post, Yamcha, Nizamabad District, Division Nizamabad 8 M.Bhikshapathi, S/o Yellaiah, Incharge Proh. & Excise Sub. Inspector, S.H.O. Palvancha, Khammam District, Warangal Division 9 Irshad Mohd.Khan, S/o M.A.Hameed Khan, Incharge Proh. & Excise Sub. Inspector, S.H.O., Jammikunta, Karimnagar District, Warangal Division 10 Md.Jeelani, S/o Shaik Meera, Incharge Proh. & Excise Sub. Inspector, S.H.O. Kodangal, Mahaboobnagar District 11 Mohammed Sadiq, S/o Mohd.John, Incharge Proh. & Excise Sub. Inspector, S.H.O., Vemulawada, Karimnagar District ..... PETITIONERS AND 1 S.Mohan Rao, S/o O/o The Proh. & Excise Superintendent, Nellore. 2 S.Srinivasulu, S/o O/o The Proh. & Excise Superintendent, Athmakur 3 Y.Venkateswarlu, S/o O/o The Proh & Excise Superintendent, Nellore 4 T.B.Rajender Prasad, S/o Deputy Commissioner of Proh. & Excise, Guntur 5 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue (Excise-1) Department, Secretariat, Hyderabad 6 The Commissioner of Prohibition & Excise, Govt. of A.P., Hyderabad 7 The Deputy Commissioner of Proh. & Excise, Government of A.P., Guntur 8 The Deputy Commissioner of Proh. & Excise, Hyderabad 9 The Deputy Commissioner of Proh. & Excise, Warangal 10 K. Krupakar Reddy, S/o. K. Janardhan Reddy, SHO, Shadnagar, Mahaboobnagar Division, Mahaboobnagar District. 11 G. Narsing Rao, S/o. Dasthanna, Nizamabad Division, Nizamabad District. 12 G. Bhaskar Rao, S/o. Ramulu, SHO Kodangal, Mahaboobnagar District. (RR 10 to 12 are impleaded as per Court Order dated 25-1-05 in WPMP 29141/04) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ order or direction more in the nature of Writ of certiorari calling for the order of the Hon'ble A.P. Administrative Tribunal dated 27-2-2004 in O.A.No.5931 of 1999 and the consequential G.O.Ms.No.815 dated 15-10-2004 and consequential proceedings of the Commissioner of Proh. and Excise in Cr.No.6891/2004/CPE/H1 dated 18-11-2004 and quash the same by holding them as illegal, bad and arbitrary and further direct the respondents to continue the petitioners as Prohibition and Excise sub-Inspectors by regularizing their services. Counsel for the Petitioners: MR.J.R.MANOHAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION No: 21691 of 2004 Between: 1 M.Anjaneyulu s/o M.Nagappa. Station Kodad, Nalgonda District. 2 S.Shakaraiah S/o Kistanna Station Kodad, Nalgonda District. ..... PETITIONERS AND 1 S.Mohan Rao S/o O/o the Proh &Excise Superintendent , Nellore 2 S.Srinivasulu S/o O/o the Proh &Excise Superintendent , Athmakur 3 Y.Venkateswarlu S/o O/o the Proh &Excise Superintendent , Nellore 4 T.B.Rajender Prasad s/o O/o Deputy Commissioner of Proh & Excise , Guntur. 5 The Government of Andhra Pradesh rep. by its Principal Secretary to Government, Revenue (Excise-I) Department, Secretariat, Hyderabad 6 The Commissioner of Prohibition and Excise, Govt. of AP. Hyderabad. 7 The Deputy Commissioner of Proh. and Excise Government of AP. Guntur. 8 The Deputy Commissioner of Proh. & Excise, Hyderabad 9 The Deputy Commissioner of Proh & Excise, Mahaboobnagar. 10 Madhusudhan Rao S/o. Siddanna S.H.O., Ramannapet, Nalgonda District 11 G. Ramakrishnaiah S/o. G. Buchaiah S.H.O., Ramannapet, Nalgonda District 12 V. Gayatri W/o. Vikramjeet Singh Task Force, Hyderabad 13 K. Krupakar Reddy S/o. K. Janardhan Reddy S.H.O., Shadnagar, Mahabubnagar District 14 G. Narsing Rao S/o. Dasthanna. Nizamabad Division, Nizamabad 15 G. Bhaskar Rao S/o. Ramulu S.H.O., Kodangal, Mahabubnagar District (RR 10 to 15 impleaded as per court order dt. 25.1.2005 in WPMP 29142 of 2004) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more in the nature of writ of order of the Hon'ble A.P. Administrative Tribunal dt. 27.2.2004 in O.A.No.5931 of 1999 and the consequential G.O.Ms.No. 815 dt. 15.10.2004 and consequential proceedings of the Commissioner of Proh. and Excise in Cr.No. 6891/2004/CPE/H1 dt. 18.11.2004 and quash the same by holding them as illegal, bad and arbitrary and further direct the respondents to continue the petitioners as Proh. & Excise Sub. Inspectors by regularizing their services. Counsel for the Petitioners: MR.J.R.MANOHAR RAO Counsel for the Respondent Nos.1 to 4: MR.P.V.RAMANA Counsel for the Respondent Nos.5 to 9: GP FOR PROHIBITION & EXCISE WRIT PETITION No: 21791 of 2004 Between: 1 M. Yesudas, S/o. M. Paul Subbaiah, Proh & Excise Station, Satyavedu, Chittoor District. 2 P. Khaza Khan, S/o. P. Nawaz Khan, O/o. of the Asst. Commissioner of Proh & Excise, - Enforcement Wing, Anantapur. 3 K. Hanumanthu, S/o. K. Naganna, Proh & Excise Station, Tadipatri, Anantapur District. ..... PETITIONERS AND 1 The Government of A.P., rep. by its Principle Secretary to Government, Revenue (Excise-I(2) Dept., Secretariat, Hyderabad/500 001. 2 The Commissioner of Prohibition and Excise, A.P. M.J. Road, Hyderabad-500 001. 3 The Deputy Commissioner of Proh & Excise, Kurnool Range, Kurnool-518 001. 4 S. Mohan Rao, O/o. Superintendent of Prohibition and Excise, Guntur. 5 S. Srinivasulu, O/o. Superintendent, Proh and Excise, Atmakur. 6 Y. Venkateswarlu, Superintendent, Proh and Excise, Nellore. 7 T.B. Rajender Prasad, O/o. of the Deputy Commissioner of Proh and Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to Issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the orders dt. 27.2.2004 passed in O.A.No. 5931 of 1999 by the Hon'ble A.P. Administrative Tribunal, Hyderabad consequential G.O.Ms.No.815 Revenue (Excise I (2) Department, dt. 15.10.2004 issued by the 1st respondent and consequential proceedings dt. 18.11.2004 of the 3rd respondent issued in Cr.No.6891/2004/CPE/H1 as illegal, arbitrary and unsustainable and consequently direct the respondents 1 to 3rd respondent herein to continue the petitioners as prohibition and Excise Sub-Inspectors. Counsel for the Petitioners: MR.T.P.ACHARYA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION No: 22124 of 2004 Between: T. Vittal Singh, S/o. T. Ram Singh, Tungaturthi, Nalgonda District. ..... PETITIONER AND 1 The Government of A.P., rep. by its Special Chief Secretary, Revenue (Excise) Department, Secretariat, Hyd. 2 The Commissioner of Proh& Exice, Government of A.P., Nampally, Hyderabad. 3 The Deputy Commissioner of Proh & Excise, Hyderabad Division, Nampally, Hyderabad. 4 S. Mohan Rao, O/o. Proh & Excise Superintendent, Nellore. 5 S. Srinivasulu, O/o. Proh & Excise Superintendent, Atmakur. 6 Y. Venkateswarlu, O/o. Proh & Excise Superintendent, Nellore. 7 T. B. Rajender Prasad, O/o. Dy. Commissioner for Proh & Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may 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 order of the Hon'ble A.P. Administrative Tribunal dt. 27.02.2004 in O.A.No.5931 of 1999 and the consequential G.O.Ms.No.815, Dt. 15.10.2004 and consequential proceedings of the Commissioner of Proh & Excise in Cr.No.6891/2004/CPE/H1, dt. 18.11.2004 and quash the same by holding them as illegal, bad and arbitrary and further direct the respondents to continue the petitioner as Proh & Excise Sub-Inspector by regularizing his services and to pass such other order. Counsel for the Petitioner: MR.M.RAMALINGESWARA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent Nos.4 to 7: MR.P.V. RAMANA (CAVEATORS) WRIT PETITION No : 22212 of 2004 Between: G.Ravi Varma S/o. Late Ramachandra Raju Sub Inspector Somepta, Srikakulam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government Revenue (Excise-I) Department Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise, Government of Andhra Pradeh, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Government of A.P. Guntur. 4 S.Mohan Rao, Junior Assistant, O/o. Prohibition and Excise Superintendent, Nellore. 5 S.Srinivasulu, Junior Assistant, O/o. Prohibition and Excise Superintendent, Atmakur. 6 Y.Venkateswarlu, Junior Assistant, O/o. Prohibition and Excise Superintendent, Nellore. 7 T.B.,Rajender Prasad, Junior Assistant, O/o Deputy Commissioner of Prohibition and Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more in the nature of writ of Mandamus declaring the orders dated 27.2.2004 passed in O.A. No.5931 of 1999 on the file of the A.P. Administrative Tribunal, Hyderabad and consequential orders of the first respondent issued in G.O.Ms.No.815 Revenue (Excise-I(2) Department dated 15.10.2004 as illegal, arbitrary and unsustainable and consequentially direct the first and second respondents to continue the petitioner as Prohibition and Excise Sub Inspectors on regular basis, after calling for the files and pass such other order deem fit. Counsel for the Petitioner: MR.P.V.S.S.S.RAMA RAO Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent Nos.4 to 7: MR.P.V.RAMANA (CAVEATORS) WRIT PETITION No: 22580 of 2004 Between: 1 C. Krishna Murthy, Incharge Proh. & Excise S.I., Tumukunta Check Post, Ananthapur District. 2 S.Narasimha Murthy S/o. Late Gopalachar Sub Inspector, Palamaneer, Chittoor District. 3 C.Shankar Reddy S/o. C.Sunki Reddy Sub Inspector, Sreekalahasthi, Chittoor District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary to Government Revenue (Excise-1 (2) Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise Andhra Pradesh, M.J.Road, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise Andhra Pradesh, Kurnool Ranga, Kurnool. 4 S.Mohan Rao S/o.Now known to the petitioners, working as Junior Assistant, Office of the Superintendent of Prohibition and Excise, Guntur. 5 S.Srinivasulu S/o.Now known to the petitioners, working as Junior Assistant, Office of the Superintendent of Prohibition and Excise, Atmakur. 6 Y.Venkateswarlu S/o.Now known to the petitioners, working as Junior Assistant, Office of the Superintendent of Prohibition and Excise, Nellore. 7 T.B.Rajender Prasad S/o.Now known to the petitioners, working as Junior Assistant, Office of the Superintendent of Prohibition and Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the orders dated.27.2.2004 passed in O.A.No.5931 of 1999 by the Hon'ble A.P. Administrative Tribunal, Hyderabad consequential G.O.Ms.No.815 Revenue (Excise I(2) Department dated.15.10.2004 issued by the 1st respondent and consequential proceedings dt.18.11.2004 of the 2nd respondent issued in Cr.No.6891/2004/CPE/H1 as illegal, arbitrary and unsustainable and consequently direct the respondents 1 to 3 herein to continue the petitioners as prohibition and excise Sub Inspectors. Counsel for the Petitioners: MR.T.P.ACHARYA Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent Nos.4 to 7: MR.P.V.RAMANA WRIT PETITION No: 22986 of 2004 Between: B.Madhusudana Rao, S/o.Late Sreeramulu Proh. & Excise S.I., Bobbili, Vizianagaram District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary Government (Excise-I) Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise Government of Andhra Pradesh, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise Government of Andhra Pradesh, Guntur. 4 S.Mohan Rao, Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore. 5 S.Srinivasulu, Junior Assistant, O/o Prohibition and Excise Superintendent, Atmakur. 6 Y.Venkateswarlu, Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore 7 T.B.Rajender Prasad, Junior Assistant, O/o Prohibition and Excise Superintendent, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more in the nature of writ of Mandamus declaring the orders dated 27.2.2004 passed in O.A.No. 5931 of 1999 on the file of the A.P. Administrative Tribunal, Hyderabad and consequential orders of the first respondent issued in G.O.Ms.No.815 Revenue (Excise-I(2) Department dated 15.10.2004 as illegal, arbitrary and unsustainable and consequentially direct the first and second respondents to continue the petitioner as Prohibition and Excise Sub Inspectors on regular basis, after calling for the files and pass such other order or orders. Counsel for the Petitioner: MR.P.V.S.S.S.RAMA RAO Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent Nos.4 to 7: MR.P.V.RAMANA WRIT PETITION No: 23473 of 2004 Between: S. Appa Rao, S/o. Late Veer Raju, R/o. 32-6-3, Prajasakthi Nagar, Visalandhra Road, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by its Principal Secretary to Government, Revenue (Excise-I) Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Government of A.P. Guntur. 4 S. Mohan Rao, Junior Assistant, O/o. Prohibition and Excise Superintendent, Nellore. 5 S. Srinivasulu, Junior Assistant, O/o. Prohibition and Excise Superintendent, Atmakur. 6 Y. Venkateswarlu, Junior Assistant, O/o. Prohibition and Excise Superintendent, Nellore. 7 T.B. Rajender Prasad, Junior Assistant, O/o. Deputy Commissioner of Prohibition and Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or Order or direction more in the nature of Writ of mandamus declaring the order dated 27-2-2004 passed in O.A.No. 5931 of 1999 on the file of the A.P. Administrative Tribunal, Hyderabad and consequential orders of the first respondent issued in G.O.Ms.No. 815 Revenue (Excise-I(2) Department dated 15-10-2004 as illegal, arbitrary and unsustainable and consequentially direct the first and second respondents to continue the petitioner as Prohibition and Excise Sub-Inspector on regular basis, after calling for the file and pass such other order or orders. Counsel for the Petitioner: MR.P.V.RAO Counsel for the Respondent Nos.1 to3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent Nos.4 to 7: MR.A.GIRIDHAR RAO WRIT PETITION No: 40 of 2005 Between: 1 P. Karunakar, S/o P. Ailaiah in the O./o Deputy Commissioner (P&E), karimnagar, Karimnagar District 2 S. Roopchand John Robert, S/o Kantha Rao O/o Prohibition and Excise Superintendent, Karimngar, Karimnager District 3 P. Rajender Reddy S/o P. Sudershan Reddy O/o Prohibition and Excise Superintendent, Karimngar, Karimnager District ..... PETITIONERS AND 1 The Government of A.P., rep by Principal Secretary, Revenue (Excise-I) Department Secretariat, Hyderabad 2 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad 3 The Deputy Commissioner (P&E) Warangal 4 S. Mohan Rao Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore 5 S. Srinivasulu Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore 6 Y. Venkateswarly Junior Assistant, O/o Prohibition and Excise Superintendent, Nellore 7 T.B. Rajender Prasad, Junior Assistant O/o Deputy Commissioner of Prohibition and Excise, Guntur .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of writ of Mandamus by declaring the Judgment of the Hon'ble A.P. Administrative Tribunal at 27-2-2004 in O.A. No. 5931/1999 and consequential proceedings issued by the 2nd respondent in G.O.Ms. No. 815 dt 15-10-2004 as arbitrary, unjust and violative of Article 16 of the Constitution of India and consequently set a side the same and pass such other and further orders are deemed fit and proper by the Hon'ble Court. Counsel for the Petitioners: MR.B.VIJAYSEN REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION No: 3083 of 2005 Between: K.Venkateshwarlu, S/o Istari, in the Office of the ProhibiExcise, Superintendent, Warangal, Warangal District. ..... PETITIONER AND 1 The Govt. of AP. Rep. by its Principal Secretary to Government Revenue (Excise-I) Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition and Excise, Govt. of AP., Hyderabad. 3 The Deputy Commissioner of Proh. & Excise, Warangal Division, Warangal. 4 S.Mohan Rao, S/o and aged no known O/o The Proh. & Excise Superintendent, Athmakur. 5 S.Srinivasulu, S/o and aged no known O/o The Proh. & Excise Superintendent, Athamakur. 6 Y.Venkateswarlu, S/o and aged no known, O/o The Proh. & Excise Superintendent, Nellore. 7 T.B.Rajender Prasad, S/o and age not known, O/o Deputy Commissioner of Prohibition & Excise, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble AP., Administrative Tribunal dt. 27/02/2004 in OA.No.5931/1999 and the consequential G.O.Ms.No.815, dt. 15/10/2004 and quash the same by holding them as illegal, bad and arbitrary and further direct the respondents to promote the petitioner as Prohibition and Excise Sub-Inspector from the category of Junior Assistant; and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.RAMALINGESWARA REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: THE