K RAVINDRA Vs. STATE OF A P

JUDGEMENT

(1.) THIS writ petition is filed seeking a mandamus declaring the action of the respondents in not filling up the vacancies reserved for direct recruitment as per rules and filling up those vacancies by the A. P. S. P. Constables on deputation, as arbitrary, illegal, unconstitutional, and violative of Articles 14, 16 and 21 of the Constitution of India and ultra-vires of Rule 3, read with Note 3 of a. P. Prohibition and Excise Subordinate service Rules and set aside the judgment dated 10. 4. 2008 in O. A. No. 6391 of 2004 and batch on the file of the A. P. Administrative Tribunal at Hyderabad.

(2.) THE grievance of the petitioners is that they have applied for the post of prohibition and Excise Constable governed by the A. P. Prohibition and Excise subordinate Service Rules (for short "the Rules"), which was included as Category iv of Group II of the A. P. Prohibition and excise Subordinate Service Rules etc. , As per Rule 3 of the aforesaid rules, the post of Excise Constable has to be filled up by two methods - (1) by direct recruitment and (2) by appointment by transfer of attenders in the A. P. Last Grade Service. As per note 3 of Rule 4 of the aforesaid rules, in a cycle of 20 vacancies in the category of Prohibition and Excise Constables, 1st to 9th and 11th to 18th vacancies shall be filled up by direct recruitment and 10th, 19th and 20th vacancies shall be filled up by appointment by transfer. The post of prohibition and Excise Constable is lower than that of Junior Assistants in the Excise department. It is a District Cadre post and the District head in the Excise Department is the appointing authority.

(3.) THE learned Counsel for the petitioners vehemently submitted that as per para 5 of the Andhra Pradesh Public employment (Organization of Local Cadres and Regulation of Direct Recruitment)Order 1975, Excise Constables, who belong to one District can be transferred to other districts, but the employees working in other districts cannot be transferred and posted as Excise Constables on deputation, since the post of Excise Constable is organized as a separate district cadre post and as such the A. P. S. P. Constables cannot be continued as Excise Constables.