P.ARUN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Challenge in this Writ Petition is to the proceedings dtd. 18/2/2015 of the 3rd respondent - Deputy Commissioner of Prohibition and Excise. Subsequently, prayer was amended to declare the proceedings dtd. 18/9/2017, 27/7/2015 of the 3rd respondent and proceedings dtd. 14/7/2021 as arbitrary and illegal.

(2.) Petitioner who belongs to SC-C Mala category was selected and appointed as driver by proceedings dtd. 26/8/2002 of the District Collector, Hyderabad and was allotted to Prohibition and Excise Department. In the seniority list, his name was shown at Sl.No.3, the 4th respondent at Sl.No.5. Subsequently, petitioner was promoted as Head Constable on 3/11/2006, Prohibition and Excise Sub-Inspector by proceedings on 7/12/2010.

(3.) The case of the 4th respondent is that he belongs to SC community and possesses Intermediate qualification and Heavy Goods Vehicle (HGV), Heavy Passenger Vehicle (HPC) and Light Motor Vehicle licences, hence, he is eligible for appointment to any post of Driver either Light Vehicle or Heavy Vehicle. He was appointed as Driver in the Excise Department against the Backlog vacancies and the District Collector allotted him to the Excise Department by proceedings dtd. 17/9/2002. As per TS Prohibition and Excise Subordinate Service Rules i.e. Rule 5 Note 2A, the post of Excise Constables has to be filled up by Drivers working in the department in a particular District and as per Note 2B, the authorities prepared the list of Drivers both for Heavy Vehicle and Light Vehicle placing the Heavy Vehicle Drivers on the top of the list. Therefore, irrespective of the date of appointment of the drivers at the time of preparation of list or at the time of effecting promotion, the authorities ought to have placed the Heavy Vehicle Drivers on the top of the list and consequently they are entitled for promotion first.