APHC010400652022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24705 of 2022 Between: 1. MUKKA SURESH KUMAR,, S/O. LATE DURGA RAO, AGED 32 YEARS, OCC. JUNIOR ASSISTANT IN DEPUTY COMMISSIONER, SPECIAL ENFORCEMENT BUREAU DEPT, VISAKHAPATNAM. 2. M. PRAVEEN KUMAR,, S/O. JAGADESWARAIAH, AGED 34 YEARS, OCC. JUNIOR ASSISTANT IN DISTRICT PROHIBITION EXCISE OFFICE, KURNOOL. 3. YAJJALA CHAITANYA,, S/O. ADINARAYANA, AGED 28 YEARS, OCC. JUNIOR ASSISTANT IN ASSISTANT COMMISSIONER OFFICE, SEB, VISAKHAPATNAM 4. AKUTHOTA CHARANTHEJA,, S/O. RAVI KUMAR, AGED 30 YEARS, OCC. JUNIOR ASSISTANT IN ASSISTANT COMMISSIONER OFFICE, P AND E (VIGILANCE), CHITTOOR. 5. P.N.V.D. PRASAD, S/O. NAGABUSHANAM, AGED 35 YEARS, OCC. JUNIOR ASSISTANT IN ASSISTANT COMMISSIONER OFFICE, SPECIAL ENFORCEMENT BUREAU, GUNTUR, A.P. 6. K. AYYAPPA,, S/O. SIVA PRASAD RAO, AGED 39 YEARS, OCC. JUNIOR ASSISTANT, DISTRICT SPECIAL ENFORCEMENT OFFICE, BAPATLA, 7. K. TEJESWAR,, S/O. SRI HARI, AGED 31 YEARS, OCC. JUNIOR ASSISTANT, A.C (EXCISE) VIGILANCE ONGOLE, PRAKASHAM DISTRICT. 8. M. BALAKRISHNA,, S/O. TIRUMALAIAH, AGED 37 YEARS, OCC. JUNIOR ASSISTANT IN ENFORCEMENT SUPERINTENDENT OFFICE, ONGOLE 9. G. SRAVAN KUMAR,, S/O. LINGAPPA, AGED 30 YEARS, OCC. JUNIOR ASSISTANT IN DEPUTY COMMISSIONER, SEB, ANANTHAPUR 10. J. SURESH,, S/O. ESWARA RAO, AGED 33 YEARS, JUNIOR 2 ASSISTANT IN DISTRICT SPECIAL ENFORCEMENT OFFICE, SRIKAKULAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SPECIAL CHIEF SECRETARY, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ADDITIONAL SECRETARY, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE JOINT SECRETARY TO THE GOVERNMENT, REVENUE (PROHIBITION AND EXCISE DEPARTMENT) SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT 5. THE ASSISTANT SECRETARY TO GOVERNMENT, (SERVICES - II) GENERAL ADMINISTRATION, (SERVICES), DEPARTMENT. 6. THE ADDITIONAL SECRETARY TO GOVERNMENT, LAW AND ENFORCEMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 7. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, PRASADAMPADU, VIJAYAWADA, KRISHNA DISTRICT. 8. THE ADDITIONAL COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, PRASADAMPADU, VIJ AYAWADA, KRISHNA DISTRICT. 9. MARAPU KOTAIAH, S/O NAGAIAH, AGED 51 YEARS, OCC PROHIBITION EXCISE CONSTABLE, APSBCL IML UNIT, NALLAPADU, GUNTUR DISTRICT. 10. M V KOTESWARA RAO, S/O HANUMANTHA RAO, AGED 43 YEARS. OCC ENFORCEMENT HEAD CONSTABLE, SEB STATION, ONGOLE, PRAKASAM DISTRICT. 11. ARAGALA SEENAIAH, S/O MEERAIAH, AGED 49 YEARS, OCC PROHIBITION AND EXCISE CONSTABLE, APSBCL, NELLORE-I DEPOT, DEVARAPALEM, NELLORE DISTRICT. 12. B SANKARAIAH, S/O SIVANNA, AGED 59 YEARS, OCC HEAD CONSTABLE, SEB STATION, PRADDUTUR, YSR 3 KADAPA DISTRICT. 13. B CHINNA OBULESU, S/O LATE BALANNA, AGED 50 YEARS, OCC PROHIBITION AND EXCISE CONSTABLE, APSBCL, I.M.L.DEPOT, NANDYAL, KURNOOL DISTRICT. 14. GADDAM MAHESH, S/O NAGOORAIAH, AGED 51 YEARS, OCCU ENFORCEMENT HEAD CONSTABLE, SEB STATION, PUTTUR, CHITTOR (BALAJI) DISTRICT. 15. MUNDLA PENNAIAH, S/O OBULESU, AGED 56 YEARS, OCC PROHIBITION EXCISE CONSTABLE, APSBCL IML UNIT, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 16. A NAGA GOKARNAIAH, S/O MALLIKHARJUNA RAO, AGED 38 YEARS, OCC PROHIBITION EXCISE CONSTABLE, APSBCL IML UNIT, NIDAMANURU, VIJAYAWADA, KRISHNA (NTR) DISTRICT. 17. KANKIPATI SRIKANTH, S/O YAKOBU,. AGED 29 YEARS, OCCU ENFORCEMENT CONSTABLE, SEB STATION, POLAVARAM, WEST GODAVARI (ELURU) DISTRICT. 18. V NAGESWARA RAO, S/O SATYANARAYANA, AGED 46 YEARS, OCCU ENFORCEMENT HEAD CONSTABLE, SEB STATION, ALAMURU, EAST GODAVARI (B.R.AMBEDKAR KONASEEMA), DISTRICT. 19. DUVVADA ESWARA RAO, S/O KRISHNA RAO, AGED 32 YEARS, OCCU ENFORCEMENT CONSTABLE, DISTRICT TASK FORCE (DTF), VISHAKAPATNAM (ANAKAPALLI), DISTRICT. 20. K SRINIVASA RAO, SATYANARAYANA, AGED 50 YEARS, OCC PROHIBITION EXCISE HEAD CONSTABLE, APSBCL IML UNIT, NELIMARLA, VIZIANAGARAM DISTRICT. 21. A VASUDEVA RAO, S/O TAVITAYYA, AGED 42 YEARS, OCC ENFORCEMENT HEAD CONSTABLE, SEB STATION, TEKKALI, SRIKAKULAM DISTRICT. ESPONDENTS NO. 9 TO 21 IMPLEADED AS PER COURT ORDER DATED 07-11-2022 VIDE I.A.NO.2 OF 2022 IN WP NO.24705 OF 2022 22. DUDEKULA DASTAGIRI, S/O. D. BABAIAH AGED ABOUT 33 YEARS, OCC PROHIBITION EXCISE CONSTABLE SPY IMFL UNIT (BOTTLING UNIT), UDUMULAPADU VILLAGE, NANDYAL MANDAL, NANDYAL DISTRICT. 23. PALLOLLA JAGADEESH, S/O. BALAIAH AGED ABOUT 35 YEARS, OCC PROHIBITION EXCISE CONSTABLE PROHIBITION EXCISE STATION, KODUMUR, KAKINADA 4 DISTRICT. 24. KURUVA HARI SIVA PRASAD, S/O. K. CHANDRUDU AGED ABOUT 36 YEARS, OCC PROHIBITION EXCISE CONSTABLE PROHIBITION EXCISE STATION, NANDYAL, KURNOOL DISTRICT. 25. MEKALA SOMESH, S/O. M. LAKSHMANNA AGED ABOUT 34 YEARS, OCC PROHBITION EXCISE CONSTABLE PROHIBITION EXCISE STATION, ALUR, KURNOOL DISTRICT. 26. THUPAKULA ANJANEYULU, S/O. T. CHINA NARASIMHULU AGED ABOUT 41 YEARS, OCC PROHIBITION EXCISE CONSTABLE PROHIBITION EXCISE STATION, JAMMALAMADUGU, KADAPA DISTRICT. 27. C BALA GANGADHAR REDDY, S/O. C. GANGI REDDY AGED ABOUT 36 YEARS, OCC PROHIBITION EXCISE CONSTABLE PROHIBITION EXCISE STATION, PRODUTTURU, KADAPA DISTRICT. 28. G SREENIVASULU, S/O. G. PEDDA SUBBA RAYUDU AGED ABOUT 53 YEARS, OCC PROHIBITION EXCISE HEAD CONSTABLE PROHIBITION EXCISE STATION, MUDDANURU, KADAPA DISTRICT. 29. G ASWATHA REDDY, S/O. G. ANKI REDDY AGED ABOUT 52 YEARS, OCC PROHIBITION EXCISE HEAD CONSTABLE SPY AGRO PRIMARY UNIT, UDUMALAPURAM, NANDYAL DISTRICT 30. C NARAYANA REDDY, S/O. C. SIVARAMI REDDY AGED ABOUT 53 YEARS, OCC PROHIBITION EXCISE HEAD CONSTABLE PROHIBITION EXCISE STATION, BADVEL, YSR DISTRICT. RESPONDENT NOS.22 TO 30 IMPLEADED AS PER COURT ORDER DATED 30.08.2025 VIDE IA.NO.1 OF 2025 IN WP.NO.24705 OF 2022. ...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 to issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in proposing to delink / reduce the quota of Junior Assistants for being appointed as Sub-Inspector, Prohibition and Excise Department by transfer of service as per the Rules framed under AP 5 Excise Subordinate Service Rules 1998 as bad, illegal, arbitrary, violative of principles of Natural Justice, without jurisdiction and violation of Articles 14, 16, 21 and 300A of Constitution of India and consequently direct the respondents not to take any coercive steps for delinking or reducing the quota of 25 percent for appointment by transfer of service of Junior Assistants to the post of Sub-Inspector, Prohibition and Excise Department. Counsel for the Petitioner(S): 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II 3. P DURGA PRASAD 4. KAVITHA GOTTIPATI The Court made the following: 6 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24705 of 2022 ORDER: The present Writ Petition is filed questioning the action of the respondents in proposing to de-link/reduce the quota of Junior Assistants for being appointed as Sub-Inspector, Prohibition and Excise Department by transfer of service as per the Rules framed under the A.P.Excise Subordinate Service Rules, 1998. 2. The apprehension of the petitioners is that there is 25% specific quota prescribed for the Junior Assistants for being appointed by transfer of service as Sub-Inspectors, Prohibition and Excise Department and there is likelihood of reducing such 25% quota. 3. This Court, vide order dated 24.08.2022, directed the respondents to maintain status quo in respect of reducing the quota of 25% for appointment by transfer of service of Junior Assistants to the post of Sub-Inspector, Prohibition and Excise Department. The Government has issued G.O.Ms.No.394, Revenue (Excise-I) Department dated 29.06.2026, making an amendment to Rule 3(1)(c) to the Andhra Pradesh Prohibition and Excise Sub-Ordinate Service Rules, 1998, issued in G.O.Ms.No.950 dated 28.11.1998, in exercise of powers conferred by the proviso to Article 309 of the Constitution of 7 India. As per the amendment, the posts/vacancies of Sub Inspectors of Excise earmarked for Direct Recruitment/PE Head Constables/ Appointment by Transfer of Junior Assistant/Typist shall be filled strictly in accordance with the prescribed quota of 35%, 40% and 25% respectively. 4. As seen from the G.O.Ms.No.394 dated 29.06.2026, the interest of the petitioners was protected. However, the respondents are directed to fill up the posts of Sub-Inspectors of Prohibition and Excise Department without disturbing 25% quota, as specified in G.O.Ms.No.394 dated 29.06.2026. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.08.2026 siva 8 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24705 of 2022 Date: 05.08.2026 siva