IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL 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 : 10138 of 1999 Between: 1 B. Bhaskara Rao S/o. Charless H.No.5/10, Paidipalli Hanamkonda Mandal Warangal Dist Ticket No. 243 2 M.Krishna Murthy S/o. Kanakaiah 14-1-14 Mandi Bazar Warangal 3 T.Prabhakar S/o. Ramchander 9-12-202 Girmajipet Warangal 4 P.Narasimha Swamy S/o. Govindu 14-3-66 Uttwada Warangal 5 Md.Abdul Salam Jafergadh Warangal HT.No. 133 6 D.Yadagiri S/o. Komuraiah 3-10-251 Reddy Colony Hanamkonda, Warangal Dist HT.No.133 7 S.Ravinder S/o. Ramaiah 11-25-120 Kothawada Warangal HT.No.305 8 M.Rajamouli S/o. Veeraiah Enumamula Deshaipet Post HT.No.251 9 N.Srinivas S/o. Komuraiah 20-16-8 Fort Warangal HT.NO. 173 10 V.Surender S/o. Veeraswamy 6-1-63/2 Kancharakunta Hanamkonda Warangal Dist 11 A.Rammohan S/o. Lakshmi Narasaiah 11-25-155 Kothawada Warangal Dist HT.No. 234 12 G.Venkateswarlu S/o. Lakshmaiah Bachannapet Post and Mandal Warangal Dist HT.No. 132 13 B.Srinivasulu S/o. Satyanarayana 6-8-12, Ranganadharwaza Hanamkonda, Warangal Dist HT.No.299 14 K.Govardhan Swamy S/o. Iliah 16-10-151 Shivanagar, Warangal Dist HT.No. 147 15 T.Sarangapani S/o. Sangaiah Sangem Village and Mandal Warangal Dist HT. 278 16 Gunda Rajamogili S/o. Komuraiah 16-8-118/1 Narasapet Road Warangal HT.No.174 17 Bairi Bhaskar S/o. Komuraiah 3-11-74/A, Durga Colony Hanamkonda, Warangal Dist HT.No. 274 18 Sundhu Ganesh S/o. Chandramouli 20-13-52 Fort Warangal East HT.No. 141 19 K.Manohar S/o. Gattumallu Warangal HT. 296 20 N.Yakaiah Sangem Warangal Dist HT.No. 295 ..... PETITIONERS AND 1 The State of Andhra Pradesh rep.by its Chief Secretary Secretariat Buildings, Hyderabad 2 The Principal Secretary Revenue Department, Government of Andhra Pradesh Hyderabad 3 The Commissioner of Excise Government of Andhra Pradesh Hyderabad 4 The District Collector Warangal 5 The Excise Superintendent Warangal 6 Andhra Pradesh Administrative Tribunal rep.by its Registrar Hyderabad .....RESPONDENTS 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 an appropriate writ, order or direction, more particularly one in the nature of mandamus, declaring the action of the respondents in not appointing the petitioners as excise constables as arbitrary, illegal and violative of Articles 14,16 and 21 of the Constitution of India and set aside the orders passed in OA. No. 2169/1995, Dt.26/4/1999 passed by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and issue consequential direction, directing the respondents forthwith to consider the case of the petitioners for appointment to the posts of Excise Constables in the existing vacancies in Warangal District and to pass such other order. Counsel for the Petitioner:MR.A.RAVINDER Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :10138 of 1999 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to declare the action of the respondents in not appointing them as Excise Constables as illegal and arbitrary and to set aside the same and the order in O.A.No.2169 of 1995, dated 26.4.1999 and consequentially to direct the respondents to consider their case forthwith for appointment to the posts of Excise Constables in the existing vacancies in Warangal District. The petitioners herein are the applicants before the tribunal. According to the petitioners, the tribunal disposed of the O.A., directing the State Government to consider the request of selected excise constables in preference to raw recruits in future selection, if they are otherwise eligible to such posts. Heard the learned Counsel appearing for the writ petitioners and the learned Government Pleader and perused the material available on record. While filing the writ petition, the petitioners filed an application to dispense with the filing of the order copy in the O.A. This Court ordered the application. But, so far, no order copy has been filed before this Court for perusal. A perusal of the material available on record clearly goes to show that in similar case, a Division Bench of this Court in an unreported order in W.P.No.12633 of 1999, has observed that in the context of partial lifting prohibition policy, if the Government comes to the conclusion that it is necessary for filling up the post of Excise Constables, then the case of the petitioners therein be considered for appointment as excise Constables in the existing vacancies having regard to their ranking in the merit list. Keeping in view the observations made by this Court in the above unreported order, we feel that the direction given by the tribunal in the present case on hand, as stated by the petitioners is, just and proper. Therefore, We have no hesitation to hold that the order of the tribunal needs no interference and the writ petition is liable to be dismissed. Accordingly, the Writ petition is dismissed. No order as to costs. _________________________ Justice T.Meena Kumari ______________________ Justice S. Ashok Kumar Dated:2.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 10138 of 1999 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 2/04/2008