APHC010253282019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11450/2019 Between: 1. SMT CHANNAMSHETTY LAKSHMI TULASI, W/O K.KIRAN KUMAR, AGED ABOUT 43 YEARS, OCC PROHIBITION AND EXCISE INSPECTOR, R/O STATION HOUSE OFFICER, NARSAPURAM, WEST GODAVARI DISTRICT. ANDHRA PRADESH ...PETITIONER AND 1. THE COMMISSIONER, THE COMMISSIONER, OFFICE OF THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH EXCISE COMPLEX, RS NO.88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108. ANDHRA PRADESH 2. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KAKINADA, EAST GODAVARI DISTRICT. ANDHRA PRADESH 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE (PROHIBITION AND EXCISE-I) VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH 4. THE ANDHRA PRADESH PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, NEW GOVERNMENT OFFICES BUILDING 2ND FLOOR, M.G. ROAD(BANDHAR ROAD), OPP INDIRA GANDHI MUNICIPAL COMPLEX, VIJAYAWADA- 520 010. ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. K. SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring that the Petitioner is entitled to Notional appointment/Notional seniority in her post of Prohibition and Excise Sub-Inspector with effect from date of her selection in the year 2001 in addition to her accrued seniority from her appointment to the said post in the year 2005 depending on the merit ranking obtained by her with all consequential benefits except the Monitory benefits during the relevant period as directed vide its Judgment of the A.P. Administrative Tribunal Hyderabad in O.A.No.7708 /2012, dated 28- 10-2015 and in accordance with rule 33(b) A.P.State and subordinate service Rules and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the Respondents 1 to 3 to confer upon the Petitioner such a Notional Seniority from the year 2001 and duly setting aside the proceedings of the Respondent No.1 in C.R.No.1134/2019/CPE/B3-4, dated 02-04-2019.” 2. Sri K.Satyanarayana Murthy, learned counsel for the Petitioner would submit that, the seniority of the Petitioner has to be fixed along with the selected candidates pursuant to the notification No.10/1999 and at least notional seniority deserves to be fixed from the date of his appointment in the year 2005. 3. Learned Assistant Government Pleader for Services-I would submit that the Court may pass appropriate orders. 4. It is not the case that some of the colleagues of the Petitioner, who were recruited in the same notification, joined in the year 2001 and the Petitioner joined in the year 2005 since posting was given belatedly. The record shows, the notification No. 10/1999 for the posts of Prohibition and Excise Sub- Inspectors was issued, but no candidate in that recruitment joined in the year 3 2001. The persons, who were selected under the notification, have joined in the year 2005 only. Hence, the question of notional seniority with effect from 2001 does not arise on the ground of administrative delay. There are no merits in the contentions raised by the Petitioner. Therefore, the petition is liable to be dismissed. 5. In that view, the Writ Petition is dismissed. 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:07.04.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11450 of 2019 Dt.07.04.2025 Dinesh