WP/31415/2013 of E.Paramaiah, Vs The Government of Andhra Pradesh, on 30 December 2013

HON’BLE SRI JUSTICE R. SUBHASH REDDYAND

HON’BLE SRI JUSTICE A. SHANKAR NARAYANA

Writ Petition No.31415 of 2013

Between:

Date: December 30, 2013

E. Paramaiah and others

… Petitioners

And

The Govt. of A.P., and others

… Respondents

Order:(Per Justice R. Subhash Reddy)

This Writ Petition is filed by third parties toO.A.No.3201 of 2013, aggrieved by the order dated30.04.2013 passed by the A.P. Administrative Tribunal,Hyderabad in the said O.A., and the consequentialrevised seniority list dated 16.09.2013 issued vide MemoRc.No.187/A2-Trg/Cyb/2013, proceedings Rc.No.187/A2-Trg/Cyb/2012-13, dated 25.10.2013 and proceedingsRc.No.237/A2-Rccourse/Cyb/2013, dated 10.2013issued by the 3[rd] respondent.

The dispute relates to seniority in the category ofPolice Constables in the Cyberabad Commissionerate. The respondents-applicants filed the aforesaid O.A. TheTribunal, while admitting the O.A., passed interim orders directing the 3[rd] respondent therein to pass appropriateorders on the representations made by the respondents-applicants on 15.04.2013.

It is submitted by Sri P. Suresh Reddy, learnedcounsel for the petitioners, that though there was nodirection for revision of seniority, the 3[rd] respondent-Commissioner issued proceedings dated 25.10.2013revising the seniority list of constables referring to theinterim order of the Tribunal dated 30.04.2013. It is furthersubmitted that the 3[rd] respondent-Commissioner hasexceeded the scope of the directions issued by theTribunal and issued proceedings dated 25.10.2013disturbing the seniority as figured in the seniority listprepared prior to revision.

On the other hand, it is submitted by the learnedGovernment Pleader appearing for the officialrespondents that the Tribunal passed interim ordersbasing on the order passed in O.A.No.7463 of 2013,wherein directions were issued to the respondents thereinto consider the objections filed by the applicants and passappropriate orders by taking into consideration the provisoto Rule 33(b) of A.P. State and Subordinate Service Rulesand A.P. Police (Civil) Subordinate Service Rules.

Having heard the learned counsel for the parties, wehave perused the order dated 30.04.2013 passed by theTribunal and also the proceedings dated 25.10.2013. Inthe order dated 30.04.2013, respondents therein were only directed to consider the representations of theapplicants and pass appropriate orders. Even thedirection issued by the Tribunal in O.A.No.7463 of 2013 isto consider the objections of the applicants therein withregard to provisional seniority list of Civil PoliceConstables of 1998-99 batch and pass appropriateorders.

The issue whether the official respondents haveexceeded the scope of the directions issued by theTribunal can be considered by the Tribunal while passingappropriate final orders. Inasmuch as the main O.A., filedby the respondents-applicants and other connected O.A.,are pending consideration before the Tribunal, to putquietus to the litigation, we deem it appropriate to disposeof the Writ Petition directing the Tribunal to passappropriate final orders in O.A.No.3201 of 2013 along withother connected O.A.No.7463 of 2013 as expeditiously aspossible preferably within six weeks from the date ofreceipt of this order. It is made clear that any promotionsto the posts of Head Constables will be subject to the finalorders to be passed by the Tribunal in the O.As., referredabove.

Subject to the above, Writ Petition is disposed of. As a sequel, miscellaneous petitions if any pending in thisWrit Petition stand disposed of. No order as to costs.

_____________________

R.SUBHASH REDDY, J

December 30, 2013MRR

__________________________

A.SHANKAR NARAYANA, J