P DASHARATHA Vs. GOVT. OF A.P

JUDGEMENT

(1.) Introduction

(2.) The petitioners filed an application under Section 19 of the Administrative Tribunals Act, 1985 (hereafter, the Act) being O.A. No. 1748 of 2011 before the A.P. Administrative Tribunal (the Tribunal, for brevity) seeking a declaration that the action of the respondent i.e., the Government of A.P., and the Commissioner of Excise and Prohibition (the Commissioner) in not preparing the seniority list of Scheduled Caste (SC) candidates in the cadre of AESs as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India, ultra vires Rules 6 and 33 of General Rules and for a consequential direction to forthwith prepare the seniority list of SC candidates in the cadre of AES by giving notional dates based on availability of vacancies by following the same principle as was done by the Commissioner vide proceedings CR. No. 7649/2003/CPE/L3-2, dated 12.07.2010, before effecting promotions to the posts of Prohibition and Excise Superintendents (ES) or alternatively direct the respondents not to effect any promotions to the post of Superintendents without preparing final or provisional statewide integrated seniority list in the cadre of AESs by including all eligible candidates including SC candidates. The petitioners also prayed for interim direction to the respondents 1 to 3 to forthwith prepare a seniority list in the cadre of AES exclusively for SC candidates based on the availability of vacancies by following the same principle as was done in proceedings dated 12.07.2010 of the second respondent before effecting promotions to the posts of Excise Superintendents.

(3.) On 01.04.2011, the Tribunal while admitting the original application passed the interim direction which reads: "pending disposal of the O.A., the respondents are directed to prepare the seniority list in the cadre of Assistant Prohibition & Excise Superintendents as per the Rules". Being aggrieved by the said order, the petitioners filed the instant writ petition praying the relief which is verbatim reproduction of the main relief in the original application. The petitioners also filed a miscellaneous application being W.P.M.P. No. 12161 of 2011 seeking interim relief which is also verbatim reproduction of the interim relief prayed before the learned Tribunal.