ABDUL ALEEM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These three writ petitions raise a common question, hence are being disposed of by means of this common judgment. 1. W.P. No.23263/98 filed by 20 petitioners, who are the petitioners in O.A. No.4161/1998 on the file of the A.P. Administrative Tribunal, to declare the order dated 7-8-1998 passed in O.A. No.4161 of 1998 as illegal and contrary to law and also to declare the proceedings of the Government issued in Memo No.38435/ Ex.12/90-30, dated 11-2-1998 and the consequential reversion orders dated 3-4-1998 of the Deputy Commissioner of Prohibition and Excise, Hyderabad Division, Hyderabad, as illegal and contrary to the Article 311 (2) of the Constitution of India and to further declare that the petitioners are entitled to continue as Excise Sub-Inspectors even though they have not passed the departmental tests.

(2.) O.A. No.4161/98 was filed to implement the orders of the Government in Memo No.34942/Ex.I(2).98-l, dated 19-5-1998 and to declare the action of the Deputy Commissioner of Prohibition and Excise, Hyderabad Division, Hyderabad, in not implementing the said orders of the Government, as illegal and improper. By the said orders in Memo dated 19-5-1998, the Government stayed the proceedings dated 3-4-1998 of the Deputy Commissioner of Prohibition and Excise till the disposal of representation dated 11-5-1998 made by Md. Yousuf Sherif and other Excise Sub- Inspectors. The Tribunal dismissed the said O.A. No.4161/98 on 7-8-1998 along with other O.A. Nos.1470/98, 1459/98, 1858/98, 1918/98, 2253/98 and 2264/98.

(3.) W.P. No.644/99 was filed by G. Prabhakar and 5 others challenging the order of the A.P. Administrative Tribunal passed in O.A. No.9187/98 dated 31-12-1998 in refusing to grant interim relief of keeping the proceedings dated 26-12-1998 of the Deputy Commissioner of Prohibition and Excise, Hyderabad Division, Hyderabad, reverting the petitioners from the post of Excise Sub- Inspectors to the Junior Assistants (sic. in abeyance). The said Original Application was admitted and Rule Nisi was issued.