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2025 DAILYLAW 17798 (AP)

R. Nagendar Rao v. The State of Andhra Pradesh

WP/10906/2019 · 2025-03-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010244012019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10906/2019 Between: 1. R. NAGENDAR RAO, S/O. R. BALAKISHAN RAO, AGED ABOUT 56 YEARS, WORKING AS PROHIBITION AND EXCISE SUPERINTENDENT, STATE TASK FORCE, VIJAYAWADA, R/O VIJAYAWADA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (EXCISE-1) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, A.P. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH VIJAYAWADA, A.P. 3. V SOMI REDDY, DISTRICT PROHIBITION AND EXCISE OFFICER, KHAMMAM DISTRICT, KHAMMAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. V RAVICHANDRAN Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring that consequent to revision of seniority in the feeder category of Assistant Prohibition and Excise Superintendents published vide A.P. Gazette Extraordinary No. 122 dated 07-09-2018, the Petitioner is entitled to have his name included in the 2011-12 panel over and above that of the 3rd Respondent duly reviewing the panels notified in G.O. Ms. No. 66 Revenue (Excise-I) Department dated 08-01-2018 in terms of Rule 24 of the A.P. State and Subordinate Service Rules, 1996 and in the final seniority list of Prohibition and Excise Superintendents communicated vide G.O. Ms.No. 96 Revenue (Ex. I) Department dated 19-02-2018 with all 2 consequential benefits in accordance with law duly declaring the action of the 1st Respondent in not revising the seniority of Petitioner in the Prohibition and Excise Superintendent cadre by including his name in the 2011-12 panel of Prohibition and Excise Superintendents in the final seniority list issued vide G.O. Ms. No. 96 dated 19-02- 2018 by keeping the proposals forwarded by the 2nd Respondent vide Cr. No. 7306/2018/CPE/A2 dated 26-11-2018 pending without any legal justification as being arbitrary, illegal, contrary to Rule of seniority and in violation of Articles 1.4 and 16 of the Constitution of India.” 2. None represented for the Petitioner. 3. Learned Assistant Government Pleader for Services-I would submit that they have complied with the interim order dated 07.08.2019 passed by this Court and the Petitioner was allotted to Telangana State and was relieved. Copy of the Orders of the Government of A.P., Prohibition and Excise Department in Cr.No.7306/2018/CPE/A2, dated 23.10.2019 are placed on record to that effect. For ready reference, the order is extracted hereunder: “Since the individual Sri R.Nagendar Rao, Prohibition & Excise Superintendent is working in Telangana State on his allotment to TS, while enclosing the Government memo 2nd cited, it is requested to serve the same on the individual and send served copy with dated acknowledgment so as to file the same in the Hon’ble High Court of A.P.” 4. In the light of the submissions made, the writ petition is dispose of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.03.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10906 of 2019 Dt.19.03.2025 Dinesh