M BHEEMAIAH Vs. DEPUTY COMMISSIONER OF EXCISE HYDERABAD

JUDGEMENT

(1.) This is an appeal filed by the Appellant against the Judgment of the Andhra pradesh Administrative Tribunal in R. P. No. 641/88 dated 6.6.89. The petition before the Tribunal was filed by five Petitioners seeking a direction to the Respondent to finalise the seniority list pursuant to his proceedings dated 16.9.87 strictly in accordance with the seniority of the Petitioners in the cadre of Excise Constables only or in the alternative to reckon their seniority with effect from the date on which posts of Head Constables were created on 5.2.1982, irrespective of the date of regularisation in the cadre of Head Constables. The Tribunal dismissed the petition and against the said order this appeal has been preferred.

(2.) In the State of Andhra Pradesh the post of Excise Constables was lowest post in the Excise Department and the next higher post was that of Excise Head Constable. Both these posts were District cadre posts. On 7.10. 69 the Government downgraded several posts of Excise head Constables. Subsequently, on 5.2.1982 the Government issued GOM no. 158 agreeing sanction for creation of 240 posts of Excise Head Constables by upgrading the equal number of posts of excise Constables/tree Markers. It was also decided that the recruitment shall be made by promotion only and not by direct recruitment.

(3.) 240 Upgraded posts were created to be distributed by the Commissioner of excise, Andhra Pradesh amongst different districts in the State. 75 posts came to be allotted to Zone No. VI consisting of five Districts Medak, Nizamabad, rangareddy, Nalagonda, Mahboob Nagar. Medak District got 14 such posts which were upgraded. The Appellants before us were Constables belonging to Medak.