IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NOS. 24498, 24499, 24500 OF 2008 AND WPSR NOS. 25048 AND 25049 OF 2008 WRIT PETITION NO : 24498 of 2008 Between: 1 The Government of AP., rep.by its Principal secretary Revenue (Excise-II), Department, Secretariat,Hyderabad 2 The Commissioner of Prohibition & Excise Nampally, Hyderabad 3 The Deputy Commissioner of Prohibition & Excise Hyderabad Division, Nampally, Hyderabad. ..... PETITIONER(S) AND 1 V.V. Narasimha Reddy, O/O. Assistant Commissioner, Distilleries, Hyderabad-II, Nampally, Hyderabad. 2 PBV Krishna, Task Force, Miryalaguda, Nalgonda District. 3 Sri T. Vijaya Sekhar, O/o. Prohibition & Excise Station, Jalli Hanuman, Dhoolpet, Hyderabad. 4 Mrs. Y. Himasri, O/o. Prohibition & Excise Station, Maheshwaram, Ranga Reddy District. .....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 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 AP Admn.Tribunal, Hyderabad passed in OA.No.2678/2008 dated 11- 04-2008 as being erroneous illegal, and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . WRIT PETITION NO : 24499 of 2008 Between: 1 The Government of AP., rep.by its Principal secretary Revenue (Excise), Department, Secretariat,Hyderabad 2 The Commissioner of Prohibition & Excise Nampally, Hyderabad 3 The Deputy Commissioner of Prohibition & Excise Warangal Division, Warangal District ....PETITIONER(S) AND 1 K.Prabhakar, Warangal Division, S.H.O., Warangal District 2 P.Alfred Manohar Raj SHO, Godavari Khani-II, Karimnagar District 3 V.Mahipal Reddy Kothagudem (Warangal Division) ,Khammam, District .....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 more particularly one in the nature of writ of Certiorari calling for the records relating to the orders of the Hon`ble AP Admn.Tribunal, Hyderabad passed in OA.No.1243/2008 dated 12.2.2008 as being erroneous illegal, and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . WRIT PETITION NO : 24500 of 2008 Between: 1 The Government of A.P., Rep by its Principal Secretary, Revenue (Excise) Department, SEcretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, A.P., Nampally, Hyderabad. 3 The Deputy Commissioner of Prohibition & Excise, Guntur Division, Guntur District. ..... PETITIONER(S) AND 1 C.Mallem Kondaiah, Prohibition & Excise Inspector, O/o. Prohibition and Excise Inspector, Bapatla, guntur District. 2 S.Triloknath Redddy, Prohibition & Excise Inspector, O/o. Prohibition and Excise Inspector, Bapatla, guntur District. 3 T. Pundarikakshudu, Assistant Excise Superintendent, O/o. The Commissioner, P & E , Hyderabad. 4 G.Narayana, Assistant Excise Superintendent, O/o. The Commissioner, P & E , 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 Writ order or direction more particularly one in the nature of "Writ of Certiorari" caling for the records relating to the orders of the Hon'ble A.P.Admn. Tribunal, Hyderabad Passed in O.A.No.1244/2008 dated 12.02.2008 as being erroneous, Illegal and unreasonable and quash the same and pass Counsel for the Petitioner: GP FOR SERVICES II Counsel for the Respondent No.: MR.P.NAVEEN RAO WRIT PETITION NO : 25048 of 2008 Between: 1 Jilla Ravi Kumar, S/o. Rammurthy, Station House Officer, Godavarikhani-II, Karimnagar District. 2 A. Shambuprasad, S/o. Sharannappa, SHO Mahabubabad, Warangal District. ..... PETITIONER(S) AND 1 K. Prabhakar, S/o. Illaiah Goud, Warangal Urban S.H.O., Warangal District. 2 P. Alfred Manohar Raj, s/o. Andrews, SHO, Godavari Khani-II, Karimnagar District. 3 V. Mahipal Reddy, s/o. Ganga Reddy, Kottagudem (Warangal Division), Khammam District. 4 The Governmnt of A.P Rep by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad. 5 The Commissioner, Prohibition and Excise, Nampally, Hyderabad. 6 The Deputy Commissioner, Prohibition and Excise, Warangal Division, Warangal District. .....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 more in the nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble AP Administrative Tribunal dated 12-2-2008 in OA No. 1243 of 2008 and the subsequent orders dated 28-4-2008 and quash the same and further direct the Hon'ble AP Administrative Tribunal to dispose of the OA No. 1243 of 2008 on merits and to pass Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 25049 of 2008 Between: 1 T. Vijay Sekhar, S/o. T. Sangeetha Rao, Distillary Wing, Hyderabad. 2 Mrs. Himasri, W/o. Shri G.V. Satya Sai, Distillary Wing, Hyderabad. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Andhra Pradesh, Hyderabad. 2 The Commissioner of Prohibition Excise, Andhra Pradesh, Hyderabad. 3 Sri V.V. Narasimha Reddy, O/o. The Assistant Commissioner (Distilleries), Hyderabad II, Nampally Hyderabad, Presently at SHO, Chevella, Ranga Reddy District. 4 Sri P.B.V. Krishna, Task Force, Miryalaguda, Nalgona District, Presently Working at Enforcement, Hyderabad Zone, 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 any appropriate Writ, Order or direction preferably a "Writ in the nature of Certiorari" calling for the records relating to the ordes of the Hon'ble Tribunal dated 11-4-2008 in O.A. No. 2678/08 and quash the same byholding them as illegal, bad and arbitrary and pass Counsel for the Petitioner:MR.P.RADHIVE REDDY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : WRIT PETITION NOS. 24498, 24499, 24500 OF 2008 AND WPSR NOS. 12757 AND 127647 OF 2008 COMMON ORDER: (Per Sri Justice GHULAM MOHAMMED) All the Writ Petitions have been ﬁled seeking a direction in the nature of writ of Certiorari to quash the decision rendered by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.Nos. 2678, 1243, 1244 of 2008 dated 11.4.2008, 12.2.2008, as erroneous, illegal and unreasonable. O.As were ﬁled by the applicants challenging the order of Commissioner of Prohibition and Excise, Andhra Pradesh, Nampally, Hyderabad, with regard to Zone Nos. 5 and 6 contenting that the Tribunal while admitting the O.A passed an interim order which has the result of allowing the O.A without aﬀording an opportunity of being heard or without giving time for counter and the eﬀect of interim relief is to nullify the ﬁnal seniority list prepared in the cadre of Prohibition and Excise Inspectors. The Tribunal while admitting the O.As, without giving an opportunity to the Government, has observed that the impugned seniority list is contrary to Rule 33(a) of A.P. State and Subordinate Service Rules and the law laid down by the Courts, and accordingly suspended the impugned order directing the respondents to give adhoc or temporary promotions to the next higher post by taking the appointment in the cadre of Excise Inspectors, pending further orders. The learned Government Pleader contended that without adjudication of the matter and without inviting any counter from the Government, the Tribunal ought not to have passed an interim order which has the eﬀect of allowing the O.As and the direction further to give adhoc or temporary promotions to the next higher post, is not within the purview of the Tribunal to give such a direction to the Government. Heard the learned counsel appearing for the petitioners as well as the respondents in all these writ petitions. Sri Prakash Reddy, learned Senior Counsel contended that the Tribunal ought not to have passed such an order, which virtually amounts to allowing of O.A, which is impermissible under law. Without there being a ﬁnal adjudication of the matter on merits, the seniority list ought not to have suspended, because the dispute is between the direct recruitees and promotees in their respective quota and the Tribunal has committed an error in giving a positive direction to the Government. Sri Manohar, learned senior counsel also argued the matter on similar lines. Sri Ratna Reddy and Sri Navin Rao, learned counsel appearing for promotees contended that respondents 1 and 2 are not having any promotional avenues and they are on the verge of retirement and the Tribunal is justified in passing the order. Having regard to the facts and circumstances of the case, since the matter is pending before the Tribunal, and the O.As have to be disposed of on merits after adjudication of the issues involved in the case, we deem it appropriate to set aside the impugned order since the interim order is practically allowing the O.As. Accordingly, all the Writ Petitions are allowed and the impugned orders passed by the Tribunal dated 11.4.2008 and 12.2.2008 are set aside. Having regard to the facts and circumstances of the case, we deem it appropriate to direct the Tribunal to dispose of the O.As, as expeditiously as possible within a period of two weeks from today. In the meanwhile, status quo existing as on today, shall be maintained till then. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ G.BHAVANI PRASAD, J Dt. 10.11.2008 KA Note: Send a copy of this order through the Special Messenger to the Andhra Pradesh Administrative Tribunal, Hyderabad, for information and necessary action. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies