IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 4291 of 2009 Between: A. Ramulu, s/o. Late A. Papaiah, O/o. the Director of Prohibition & Excise, Excise Complex, Nampally, Hyderabad. ..... PETITIONER AND 1 State of A.P. Rep by its Principal Secretary to Govt. Revenue Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Govt. of A.P. Excise Complex, Nampally, Hyderabad. .....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 to issue a writ order or direction in the nature of Mandamus or otherwise declaring the action of the respondents in effecting promotions to the post of Asst. Commissioner of Proh & Excise, without preparing the seniority list, either provisional or final, in the cadre of Proh & Excise, Superintendent, as arbitrary, illegal and unconstitutional, violating Articles 14, 16 and 21 of the constituion of India, and further declaring the order of the Hon'ble Tribunal Dt. 25-5-2009 in OA No. 3021 of 2009 and erroneous, and issue consequential directions, restraining the respondents from effecting promotions to the post of Asst. Commissioner of Proh & Excise, without preparing and communicating the seniority list in the cadre of Proh. & Excise, without preparing and communicating the seniority list in the cadre of Proh & Excise in taking into account the length of service in the cadre of Proh. & Excise Superintendent, in considering the case of the petitioner for such promotion as Asst. Commissioner of Proh. & Excise, pending disposal of the OA No. 3021/2009 before the Hon'ble Tribunal, and pass Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO :4291 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed challenging the order dated 20.2.2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.3021 of 2009. 2. The Tribunal, on 20.02.2009 at the request of the learned Government Pleader to get instructions, has adjourned the O.A. to 25.02.2009 observing that the respondents can proceed with promotions, if the provisional seniority list in the cadre of Excise Superintendent is prepared and available, otherwise, promotions shall not be effected till 25.02.2009. On 25.02.2009, the Tribunal has modified the order dated 20.02.2009 and the operative portion of the modified order reads as under: “In these circumstances, as the official respondents state that the applicant is in the zone of consideration for promotion as Assistant Commissioner of Prohibition and Excise as he is at Sl.No.16 in the seniority list, the interim order granted on 20.2.2009 ordering status quo is modified, and the respondents are directed to consider the case of the applicant for promotion as Assistant Commissioner of Prohibition and Excise as per his eligibility and suitability and as per rules.” 3. The Tribunal has admitted the O.A. and allowed M.A.Nos.963 and 977 of 2009, which were filed for impleadment. 4. The learned counsel for the petitioner contended that without preparing the provisional list, without inviting the objections to it and without communicating the same, the authorities are effecting promotions, which is impermissible under law. 5. Heard the learned counsel for the petitioner and the learned Government Pleader for Services II. 6. A perusal of the record would show that the Government is contemplating to effect the promotion of the petitioner, who is in the zone of consideration for promotion. The authorities have prepared a tentative seniority list and on the basis of the tentative seniority list, they are proposing to effect promotions for higher cadre of Assistant Commissioner of Prohibition and Excise. When the petitioner is in the zone of consideration for promotion as Assistant Commissioner of Prohibition and Excise, stalling promotions of others is not justified. Apart from this, the Tribunal has not adjudicated the issues involved in the O.A. on merits. Inasmuch as the Tribunal is seized of the matter, we are not inclined to go into the merits of the writ petition and in the circumstances, the writ petition is liable to be dismissed. 7. Hence, the writ petition is dismissed. No order as to costs. _____________________ GHULAM MOHAMMED,J ________________ SANJAY KUMAR,J 16-03-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{RLD}