HON’BLE SRI JUSTICE GHULAM MOHAMMED & HON’BLE SRI JUSTICE P. SWAROOP REDDY WP Nos.24680 of 2010 & 27568 of 2010 Common Order : ( per Hon’ble Sri Justice Ghulam Mohammed, J ) The controversy relates to preparation of the integrated seniority list for the purpose of operating the same to effect promotions as in-charge Superintending Engineers. Subject matter in these writ petitions being same, they are heard together and being disposed of by this common order. 2. Heard the learned counsel Sri P. Bala Krishna Murthy, Sri D. Prakash Reddy, learned senior counsel appearing for the petitioners, Sri M.Surender Rao, learned counsel for the party respondents and the learned Government Pleader for the respondent-authorities at length. 3. The petitioners are in-charge Executive Engineers and they filed the OA questioning the integrated seniority list dated 14- 10-2004 of direct recruit Dy. Executive Engineers (R&B) for the panel year 1993-1994. The petitioners belong to Zones-II, III, and VI. The were directly recruited to the post of Dy. Executive Engineer consequent on their selection by the APPSC in the respondent-Department. The contention of the petitioners is that their seniority has to be determined in the cadre of Dy. Executive Engineer on the basis of the rankings assigned by the APPSC in each zone. It is further the contention of the petitioners that the impugned integrated seniority list cannot operate even for making promotions on in-charge basis as the list is repugnant to Rules 33 to 36 of the AP State and Subordinate Service Rules, 1996. 4. Admittedly, there is no seniority list prepared by the department in the categories of Assistant Executive Engineers, Dy. Executive Engineers, Executive Engineers, Superintending Engineers and the Chief Engineer. It is stated by the learned Government Pleader that the department is confronted with a peculiar situation since for the last more than two decades on account of the parties litigating the issue of seniority in one forum or the other and those circumstances to meet the administrative exigencies, in-charge arrangements are being made from time to time, but the respondents are in the process of finalization of integrated seniority of all categories. 5. Since it is stated that further promotions to the post of SEs is also being made on in-charge basis for administrative exigencies, till finalization of the integrated seniority list of all categories in accordance with the rules by the respondent- authorities, the process can proceed reckoning the date of regularization, as has been shown in the impugned list dated 14- 10-2004 for a limited period. The respondents shall finalize the integrated seniority list of all categories as per the Rules 33 to 36 of the AP State and Subordinate Service Rules, 1996, within a period of three months from today, till then the impugned seniority list date 14-10-2004 shall operate. It is made clear that since the in-charge arrangements are made in the exigencies of public service, no rights would accrue and the promotees cannot claim equities consequent on their promotions as SEs in the event after finalization of the integrated seniority list if they are pushed down in order of seniority. 6. The writ petitions are disposed of with the above directions. No order as to costs. ____________________ Ghulam Mohammed, J ___________________ P. Swaroop Reddy, J Dated: 10-11-2010 Note: cc in 3 days. (b/o) Nrg. HON’BLE SRI JUSTICE GHULAM MOHAMMED & HON’BLE SRI JUSTICE P. SWAROOP REDDY WP Nos.24680 of 2010 & 27568 of 2010 Common Order : ( per Hon’ble Sri Justice Ghulam Mohammed, J ) 10-11-2010