IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2274 of 2008 Between: R.S.S.V.Prasad S/o R. Krishna Prohibition & Excise Head Constable, O/o The Prohibition & Excise, Station, Kurnool. ..... PETITIONER AND 1 The Commissioner of Prohibition & Excise, beside Chandravihar, Nampally, Hyderabad 2 The Deputy Commissioner of Prohibition & Excise, Kurnool 3 The Prohibition & Excise Superintendent, Kurnool, Kurnool 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 issue a writ in the nature of Certiorari or any other appropriate writ, order or direction by calling for the records relating to the proceedings of the 2nd respondent bearing Rc.No. A2/111/2004, dt 8-04-2005 as illegal, arbitrary and unconstitutional and also orders of the Hon'ble Tribunal in O.A. No. 6390 of 2005, dt 11.12.2006 as erroneous and consequently direct the respondents to appoint the petitioner as Junior Assistant by transfer on par with his Juniors and with all consequential benefits like promotion etc., and to pass such other or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.GOPAL RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2274 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:6390 of 2005 dated 11.12.2006 and consequently, to direct the respondents to appoint the petitioner as Junior Assistant by transfer on par with his juniors and with all consequential benefits. Originally, the petitioner herein filed the above O.A., seeking to direct the respondents to appoint him as Junior Assistant by transfer on par with his juniors. The tribunal having taken the judicial note of the decision of the Full Bench of the tribunal in O.A.No.9931/2002, O.A.No.2709/1998 and O.A.No.2038/2000, wherein it is observed that the police constables in excise Department are not eligible for being appointed as Junior assistants by transfer as per A.P. Ministerial service rules, and followed the same, dismissed the O.A. Having aggrieved by the same, the present writ petition has been preferred. Heard the learned Counsel and perused the material available on record. On a perusal of the material available on record, it is apparent that in a case of this nature, the full bench of the Tribunal held that the Police Constables in excise Department are not eligible for being appointed as junior assistants by transfer as per A.P. Ministerial Rules in the earlier O.As. As observed by the Tribunal in the present O.A., the order of the Full Bench in this regard has not been reversed by any of the Superior Courts. Before this Court also, nothing has been placed contrary to that decision. In this view of the matter, We hold that the order of the Tribunal needs no interference. The writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ________________________ Justice T.Meena Kumari ______________________ Justice G.Chandraiah Dated:7.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2274 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 07/03/2008