APHC010305742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15890/2026 Between: 1. R. DIVAKAR, S/O. VENKATA GANAPATHI (LATE), AGED 59 YEARS, OCC. PROHIBITION AND EXCISE INSPECTOR, PROHIBITION AND EXCISE STATION, REPALLE, BAPATIA DISTRICT, ANDHRA PRADESH. 2. P. KRISHNA KISHORE, S/O.P.RAMA KRISHNAIAH, AGED 51 YEARS, OCC.PROHIBITION AND EXCISE INSPECTOR, NARAHARIPETA CHECK POST, CHITTOOR DISTRICT, ANDHRA PRADESH. 3. N.C. KOTA REDDY, S/O.N.KOTA REDDY, AGED 52 YEARS, OCC.PROHIBITION AND EXCISE INSPECTOR, IML DEPOT, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. 4. P.S.V.V. SATYA SRINIVAS, S/O.LAKSHMIPATHI RAO, AGED ABOUT 53 YEARS, OCC. PROHIBITION AND EXCISE INSPECTOR, BMPP, MADANAPALLE, ANNAMAYYA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT -522238 2 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 522503 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not considering the case of petitioners for promotion as Assistant Prohibition and Excise Superintendents for the panel year 2025-26 despite they were granted notional promotion in the feeder category of Prohibition and Excise Inspectors for the panel year 2008-09 w.e.f. 01-09-2008 as the same was approved by the 2nd respondent vide CR. No. 12027/15/2023/CPE/B4-(1) dated 14-03-2024 is illegal, arbitrary unjust contrary to Rule 33 (c) of A.P. State and Subordinate Rules, 1996 and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to consider the case of petitioners for promotion to the post of Assistant Prohibition and Excise Superintendents of Multi Zone II for the panel year 2025-26 by taking into consideration of their notional seniority fixed in the cadre of Prohibitions Excise Inspectors of Zone IV for the panel year 2008-09 w.e.f. 01-09-2008 IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the case of petitioners for promotion to the post of Assistant Prohibition & Excise Superintendent of Multi Zone II for the panel year 2025-26 in the ensuing promotions, pending disposal of the main Writ - Petition Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15890 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not considering the case of the Petitioners for promotion to the post of Assistant Prohibition and Excise Superintendent for panel year 2025-2026, despite grant of notional promotion in the feeder category of Prohibition and Excise Inspectors for the panel year 2008- 2009, as illegal and arbitrary. 2. Sri S. Raju, learned Assistant Government Pleader for Services-I passed on written instructions of Director, Excise and Prohibition, Amaravathi wherein it was submitted that, as on date, the date for convening the Departmental Promotion Committee for considering promotions to the cadre of Assistant Prohibition and Excise Superintendents for the panel year 2025-2026 has not been fixed yet and no promotions have been effected till date. It was further submitted that promotions would be effected in accordance with the seniority and taking into consideration the eligible candidates. The paragraph No.10 of the written instructions is extracted as under:- “Further, I am to submit that, as on date, the date for convening the Departmental Promotion Committee for considering promotions to the cadre of Assistant Prohibition & Excise Superintendents for the panel year 2025-26 has not yet been fixed and no promotions have been effected till date. As and when the Departmental Promotion Committee is convened, the cases of the petitioners, along with those of other eligible candidates, 5 will be placed before the DPC and considered strictly in accordance with their seniority, eligibility and the rules in force.” 3. In the light of the above, the grievance of the Petitioners is redressed and the Writ Petition is closed. No order as to costs. 4. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 19.06.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 49 WRIT PETITION No.15890 of 2026 Dated: 19.06.2026 chs