M LOOKAS BABU Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioners in WPs 8573 and 10432 of 2008 are parties to OAs 4927 of 2007 and 6970 of 2004 and the petitioners in other three writ petitions have filed these writ petitions by obtaining leave of the Court. Batch of OAs including the above OAs were disposed of by the AP Administrative tribunal, Hyderabad, by judgment dated 10-4-2008. The petitioners in all these writ petitions assail the action of the respondents in not filling up the vacancies (Excise constables) reserved for direct recruitment and filling up the said vacancies by the andhra Pradesh Special Police (APSP)constables on deputation as being arbitrary, illegal and unconstitutional violating articles 14, 16 and 21 of the Constitution and ultra virus to Rule 3, read with Note 3 of ap Prohibition and Excise Subordinate service Rules (for short, 'the Special Rules')and to set aside the common judgment dated 10-4-2008 passed in OA No. 6391 of 2004 and batch and consequently direct the official respondents to consider their cases and other similarly placed candidates for appointment as Excise constables before making any fresh recruitment in respect of the said posts. The petitioners also assail GO Ms. No. 1103, revenue (Excise-l) Department, dated 17-8-2007 declaring the APSP constables who are on deputation to Prohibition and Excise department as surplus in Police Department and their absorption as Prohibition and Excise constables in the existing vacancies in prohibition and Excise Department as being illegal and violative of the provisions of the presidential Order and the deputation of the apsp constables as Prohibition and Excise constables beyond the maximum period of five years is contrary to guidelines issued in go (P) No. 10, Finance and Planning (FW. FR. II) Department, dated 22-1-1993 and, therefore are liable to be repatriated to their parent department.

(2.) THE facts of the case are:- the State government vide GO Rt. No. 1303, Rev. (Ex. I), Department, dated 31-8-1994 permitted the Commissioner of Prohibition and Excise to take up recruitment for filling up 1751 posts of Prohibition and Excise constables and accordingly a notification was issued for recruitment to the said posts. Pursuant to the notification, physical and written tests were conducted in the year 1994 and interview for those candidates who were successful in physical and written tests was conducted by a selection committee, constituted for that purpose, between 19-10-1994 and 23-10-1994. But on account of announcement of General Elections to the AP Legislative Assembly and as the election Notification was issued on 1-11-1994, the election code has come into force, the recruitment process was stopped and the results of oral interview was not declared and no select list was published.

(3.) IN view of the decision taken by the government to introduce total prohibition in the State of Andhra Pradesh, the government vide Memo. No. 67587/ex. l/94-3, dated 21-12-1994, cancelled the process of recruitment of 1751 of Excise constables. Some of the aspiring candidates who have come up to the stage of oral interview for the said posts, approached the AP administrative Tribunal assailing the said cancellation of the selection in OA No. 215 of 1995 and batch. The Tribunal by order dated 16-3-1999 disposed of the said OA no. 215 of 1995 and batch directing the State government to consider the request of the candidates for appointment in any future selections, if they are otherwise eligible for such posts.