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Telangana, 2016-01-05, Extraordinary, No. 7, Job 622, PART I PDF

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Preview Telangana, 2016-01-05, Extraordinary, No. 7, Job 622, PART I

Registered No. HSE–49/-2016. [Price : `````. 1-75 Paise. TTTTTHHHHHEEEEE TTTTTEEEEELLLLLAAAAANNNNNGGGGGAAAAANNNNNAAAAA GGGGGAAAAAZZZZZEEEEETTTTTTTTTTEEEEE PART-I EXTRAORDINARY PUBLISHED BY AUTHORITY No. 5 ] HYDERABAD, TUESDAY, JANUARY 5, 2016. NOTIFICATION BY HEADS OF DEPARTMENTS, Etc. ——x—— COMMISSIONER OF PROHIBITION AND EXCISE TELANGANA STATE JUDGEMENT OF THE HON’BLE HIGH COURT IN W.P.NO.12334 & 19888/2004 – REVISION OF PLACEMENT OF SRI D. SRINIVAS REDDY, P&EI – NOTICE – ISSUED. Ref: 1) This office Cr.No.A4/4948/2004, dt.3-9-2007 2) Judgement of the Hon’ble High Court in W.P.No. 12334 & 19888/2004, dt.24-6-2014 3) This office Cr.No.A4/4948/2004, dt.7-3-2015 4) CPE Cr.No.1395/2014/CPE/A2, dt.2-7-2015 5) Dy. Commissioner of Prohibition & Excise Hyderabad Cr.No A4/4948/2004 —2 dt 30-11-2015 6) Dy. Commissioner of Prohibition & Excise. Hyderabad in Cr.No A4/4948/2004 dt 03.11.2015 while enclosing the copies in Cr.No.1395/2015/CPE/A2-1.- A Notification was issued by the APPSC vide Notification No.6/94 for recruitment to the post of Excise Inspector, Excise Sub-Inspector and Extension Officers (RD). In Zone-VI, (22) vacancies of Excise Inspectors were notified, out of which, the APPSC initially allotted (19) candidates and they joined on 2-11-1996. On the same day, certain Excise Sub-Inspectors who were also selected under the same notification also joined duty. Subsequently, on 29-5-1997, the APPSC vide APPSC Lr.No.4619/E.I/94, dt.29-5-1997 communicated the selection list allotting (3) more candidates for the post of Excise Inspectors viz., Sri A. Srinivas Reddy, Sri R. Tukya and Sri D. Srinivas Reddy in the deleted vacancies and they joined on 27-12-97. After appointment of these (3) individuals, Sri R. Mahipal Reddy, Sri R. Kishan and Sri K. Vijay Bhasker, who were selected as Excise Sub-Inspectors in the same Notification filed O.A.Nos.6750/2000, 1407/98 and 5452/ 1997 respectively to consider their cases for the post of Excise Inspector on the ground that the (3) candidates who were subsequently allotted under deleted vacancies are having less marks than them in the recruitment exam. The APAT in the respective O.As directed to consider their cases for the post of P&EIs, if necessary by reverting the other in-eligible candidates. On the advice of the APPSC, they were appointed as Proh. & Excise Inspectors in the [ 1 ] G. 622/1. 2 TELANGANA GAZETTE EXTRAORDINARY [Part-I year 2001 with retrospective effect from 29-5-1997 i.e. the date of communication of selection list for deletion vacancies. While the matter stood thus, certain other Excise Sub-Inspectors (applicants herein) who were selected on 02.11.1996 in the same recruitment and having more marks than the said 3 candidates filed a batch of OAs in O.A.No.6034/01 & batch staking their claim to the post of P&EI on the ground that they are more meritorious than the petitioners. The Hon’ble APAT disposed of all the O.As. by a common order dt.29-1-2004 directing that such of the applicants, who got more marks, but not given appointment as P&EIs due to lack of posts, should be given appointment in the posts which have fallen vacant on account of non-joining of the selected candidates. As this was the position, the three candidates selected against deleted vacancies viz., Sri R. Tukya and Sri A. Srinivas Reddy & Sri D. Srinivas Reddy filed WP.Nos.12334/04 and 19888/04 respectively challenging the orders of the APAT in O.A.No.6499/2001 and O.A.No.6034/2001 & batch. They also prayed not to cancel/review their appointment as P&EIs. The Hon’ble High Court in both the WPs granted interim direction on 23-7-2004 not to cancel/review their appointments as Prohn.& Excise Inspectors, pending WPs on the file of the High Court. During the pendency of the WPs, the seniority list of P&EIs of Zone-VI was finalized vide reference 1st cited. In the final seniority list, the names of Sri A. Srinivas Reddy, Sri R. Tukya and Sri D. Srinivas Reddy were placed at Sl.No.199, 200 and 201 respectively with remarks that their placements will be revised and re-fixed at appropriate place at the outcome of the Writ Petitions. In the reference 2nd cited, the Hon’ble High Court in its common order, dt.24-6-2014 in WP.No.No.12334/ 2004 and 19888/2004 directed as follows: “16. The further contention of the learned senior counsel for the writ petitioners is that appointment of the writ petitioners to the posts of Excise Inspectors is in accordance with Rule 6 of the Rules, which was in force till 17-6-1997 cannot be accepted for the simple reason that the writ petitioners were placed in the merit list, which was remain in force for a period of one year and some candidates in the cadre of Excise Inspectors have not joined, the marks secured by the candidates subject to rule of reservation has to be taken into consideration by appointing the persons in the order of merit from the candidates selected in the category of Excise Inspectors, which means, the persons who secured more marks and were given appointment as Excise Sub Inspectors should have been appointed as Excise Inspectors and the resultant vacancies in the category of Excise Sub-Inspectors should have been filled in by from the candidates in the waiting list in the order of merit. That has been given a complete go-by by the APPSC. In view of this fact, though the settled seniority position has to be necessarily disturbed, passage of time is not a ground to reject the legitimate claim of the unofficial respondents who are more meritorious persons than the writ petitioners herein. Therefore, it is a clear case where injustice has been done to the unofficial respondents herein in not considering their cases for the posts of Excise Inspectors though they are fully eligible according to the marks secured by them. However, in view of the fact that there are no lapses on the part of the writ petitioners and they were appointed in pursuance of the recommendations made by the APPSC, their seniority cannot be disturbed at this point of time, but however, they should be shown below the unofficial respondents who secured more marks. Considering all these aspects, the Tribunal rightly disposed of the O.As and that order needs no interference by this Court. 17. Accordingly, the writ petitions are dismissed. No order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.” In the ref. 5th cited, the DC, Hyderabad has fixed the seniority placement of Sri A.Srinivas Reddy, E.S. Medchal & Excise Inspector, at Sl.No.18/A in the final seniority list of Proh & Excise Inspectors of Zone-VI, dt.22- 1-2011. In the ref.6th cited, the DC, Hyderabad requested this office to fix his seniority at appropriate place in the integrated seniority list. In view of the above, it is proposed to place the name of Sri A.Srinivas Reddy, E.S.Medchal & Excise Inspector, SHO, Kollapur, Mahbubnagar District (Petitioner in W.P.No.19888/2004) at Sl.No.18/A in the integrated final seniority list of P&EIs communicated by this office vide Cr.No.7223/2012/CPE/L4 dt 02.8.2013. Therefore, the individuals noted in the address entry are called upon to submit their objections/representations, if any within (15) days against the above proposed assignment of seniority. If no reply/representation is received, the provisional decision will be finalized basing on the material available on record. January 5, 2016] TELANGANA GAZETTE EXTRAORDINARY 3 Sl. No. Name Zone Designation 1. T. Vikramjeet Singh (ZE) VI Retired 2. K. Madhavaiah VI P&EI 3. B. Chanakya VI P&EI 4. K. Venkateshwarlu VI Retired 5. M. Vishnumurthy VI P&EI 6. K.Rajya Laxmi V Promoted as AES 7. K.Mahender Reddy V Retired 8. D.B.Jagjeevan Rao V Expired 9. K. Srinivasa Rao VI P&EI 10. D. Chandrabhan Naik VI P&EI 11. R. Venkateshwarlu VI P&EI 12. B. Ramulu VI Retired 13. J. Jeevan Kiran VI P&EI 14. D.Sarveshwarnath V P&EI 15. P.Srinivas Rao V P&EI 16. A.Kishan V P&EI 17. P.Sathyam V Retired 18. Md.Khaja Moinuddin V Retired 19. K.Venkateshwar Rao V Retired 20. G.Vijay Chander V Retired 21. Y. Radhakrishna Reddy VI P&EI 22. Narayana VI Retired 23. P. Sai Siva Prasad VI Retired 24. Sk. Maqdoom VI Retired 25. P. Aksa Rani VI Retired 26. M. Bheemaiah VI Retired 27. K.Ram Chander V Retired 28. T.Ravinder V Retired 29. M.Haribaba Rao V P&EI 30. B.Mukunda Reddy V P&EI 31. K.Thirupathy V P&EI 32. Ch.Ravinder Reddy V P&EI 33. N. Mohan VI P&EI 34. M. Muthulingam VI P&EI 35. M. Lingachary VI P&EI 36. Md.Niyamuthullah V Retired 37. Sd.Ibrahim V P&EI 38. Y.Sambhaiah V P&EI 39. K.Laxmanna V P&EI 40. Ch.Sheshagiri Rao V P&EI 41. R.Praveen V P&EI 42. P.Karamchand V P&EI 43. A.Srinivas Reddy V P&EI 44. M.Hanumaiah V Retired 45. E.Ramesh Reddy V P&EI 46. L.Narasimha Reddy V P&EI 47. B.Hanumantha Rao V P&EI 48. N.Srinivasa Rao V P&EI 49. G.Hanuma V P&EI 50. M.A.Q.H. Khaleel (ZE) VI Retired 51. B. Srinivas VI P&EI 52. S. Srinivas Reddy VI P&EI 4 TELANGANA GAZETTE EXTRAORDINARY [Part-I 53. Shaik Dawood VI Expired 54. Abdul Rasheed VI Retired 55. Y. Dasu VI Retired 56. Md. Aleemuddin VI Retired 57. C. Gangaram VI Retired 58. A. Rama Goud VI Retired 59. B. Bhujangam VI Retired 60. B. Shanker Raj VI Retired 61. K. Srinivasa Reddy VI Retired 62. P.Krishna Reddy V Retired 63. U.Isthari V Retired 64. Md. Waliuddin VI Retired 65. J. Murphy VI P&EI 66. B. Sudhakar VI P&EI 67. A. Narsimhulu VI Retired 68. M. Lingaiah VI Retired 69. G. Yellaiah, S/o.Balaiah VI Retired 70. K. Vishwanatham VI Retired 71. M.A. Razak VI Retired 72. Ch. Samuel Johnson VI Retired 73. Ahmed Baig VI Retired 74. Ahmed Chand Karimji VI P&EI 75. Shankeraiah VI Retired 76. Ch. Bheemaiah VI Retired 77. P. Sarvesham VI Transferred to Warangal Zone 78. L. Venkataiah VI Retired 79. Narayana (ZE) VI P&EI 80. R. Ravinder Reddy VI P&EI 81. P. Yadagiri VI Retired 82. P. Chenna Reddy VI Retired 83. G.C. Caleb VI Retired 84. M.A. Quddus VI P&EI 85. G. Yellaiah, S/o.Ramaiah VI P&EI 86. E.Narsaiah V Retired 87. A.Mohan Babu V P&EI 88. I.Vijender Reddy V Expired 89. M.P.R.Chandra Shekar V P&EI 90. C. Narasimha Reddy VI Retired 91. K. Ravinder Reddy VI Retired 92. Ahmed Hussain VI Retired 93. Y. Pushparaju VI Retired 94. K. Yesu Ratnam VI Retired 95. Syed Zainuddin VI Retired 96. Abdul Mujeeb VI Retired 97. Mohd. Qamruddin VI Retired 98. Mohd. Gayasuddin VI P&EI 99. K. Sreeramulu VI Retired 100. Md. Najeebullah Khan VI Retired 101. G. Sopendev VI Retired 102. E. Chalamaiah VI Retired 103. K.Jagannadha Rao V P&EI 104. Fakeera V P&EI 105. D.Jaypal V Retired 106. Ch.Srinivas V P&EI January 5, 2016] TELANGANA GAZETTE EXTRAORDINARY 5 107. M.Ravindra V P&EI 108. Ch.Samuel Ananda Rao V P&EI 109. T.Venkatapalanaidu V P&EI 110. C.Praveen Kumar Reddy V P&EI 111. M.Brahmananda Reddy V P&EI 112. G.Balakishan V Retired 113. H.K.Umesh V Retired 114. Ch.Nagasrinivasa Rao V P&EI 115. S. Ram Mohan Rao VI Retired 116. P.Tataji V P&EI 117. T. Ramulu VI Retired 118. V. Sudershan VI Retired 119. S.Suryanarayana V Retired 120. M.Yadagiri V Retired 121. Sandula Raja VI Retired 122. P. Krishna Swamy VI Retired The Nodal Dy. Commissioners of Prohibition & Excise, Hyderabad and Warangal, are requested to serve the notices to the above individuals and return the served copies with dated acknowledgement. JUDGEMENT OF THE HON’BLE HIGH COURT IN W.P.NO.12334 & 19888/2004 – REVISION OF PLACEMENT OF SRI R.TUKYA , P&EI – NOTICE – ISSUED. Ref: 1) This office Cr.No.A4/4948/2004, dt.3-9-2007 2) Judgement of the Hon’ble High Court in W.P.No. 12334 & 19888/2004, dt.24-6-2014 3) This office Cr.No.A4/4948/2004, dt.7-3-2015 4) CPE Cr.No.1395/2014/CPE/A2, dt.2-7-2015 5) Dy. Commissioner of Prohibition & Excise Hyderabad Cr.No A4/4948/2004 —1 dt 30-11-2015 6) Dy. Commissioner of Prohibition & Excise. Hyderabad in Cr.No A4/4948/2004 dt 03.11.2015 while enclosing the copies in Cr.No.1395/2015/CPE/A2-2.- A Notification was issued by the APPSC vide Notification No.6/94 for recruitment to the post of Excise Inspector, Excise Sub-Inspector and Extension Officers (RD). In Zone-VI, (22) vacancies of Excise Inspectors were notified, out of which, the APPSC initially allotted (19) candidates and they joined on 2-11-1996. On the same day, certain Excise Sub-Inspectors who were also selected under the same notification also joined duty. Subsequently, on 29-5-1997, the APPSC vide APPSC Lr.No.4619/E.I/94, dt.29-5- 1997 communicated the selection list allotting (3) more candidates for the post of Excise Inspectors viz., Sri A. Srinivas Reddy, Sri R. Tukya and Sri D. Srinivas Reddy in the deleted vacancies and they joined on 27-12-97. After appointment of these (3) individuals, Sri R. Mahipal Reddy, Sri R. Kishan and Sri K. Vijay Bhasker, who were selected as Excise Sub-Inspectors in the same Notification filed O.A.Nos.6750/2000, 1407/98 and 5452/ 1997 respectively to consider their cases for the post of Excise Inspector on the ground that the (3) candidates who were subsequently allotted under deleted vacancies are having less marks than them in the recruitment exam. The APAT in the respective O.As directed to consider their cases for the post of P&EIs, if necessary by reverting the other in-eligible candidates. On the advice of the APPSC, they were appointed as Proh & Excise Inspectors in the year 2001 with retrospective effect from 29-5-1997 i.e. the date of communication of selection list for deletion vacancies. While the matter stood thus, certain other Excise Sub-Inspectors (applicants herein) who were selected on 02.11.1996 in the same recruitment and having more marks than the said 3 candidates filed a batch of OAs in O.A.No.6034/01 & batch staking their claim to the post of P&EI on the ground that they are more meritorious than the petitioners. The Hon’ble APAT disposed of all the O.As. by a common order dt.29-1-2004 directing that such of the applicants, who got more marks, but not given appointment as P&EIs due to lack of posts, should be given appointment in the posts which have fallen vacant on account of non-joining of the selected candidates. 6 TELANGANA GAZETTE EXTRAORDINARY [Part-I As this was the position, the three candidates selected against deleted vacancies viz., Sri R. Tukya and Sri A. Srinivas Reddy & Sri D. Srinivas Reddy filed WP.Nos.12334/04 and 19888/04 respectively challenging the orders of the APAT in O.A.No.6499/2001 and O.A.No.6034/2001 & batch. They also prayed not to cancel/review their appointment as P&EIs. The Hon’ble High Court in both the WPs granted interim direction on 23-7-2004 not to cancel/review their appointments as Prohn.& Excise Inspectors, pending WPs on the file of the High Court. During the pendency of the WPs, the seniority list of P&EIs of Zone-VI was finalized vide reference 1st cited. In the final seniority list, the names of Sri A. Srinivas Reddy, Sri R. Tukya and Sri D. Srinivas Reddy were placed at Sl.No.199, 200 and 201 respectively with remarks that their placements will be revised and re-fixed at appropriate place at the outcome of the Writ Petitions. In the reference 2nd cited, the Hon’ble High Court in its common order, dt.24-6-2014 in WP.No.No.12334/ 2004 and 19888/2004 directed as follows: “16. The further contention of the learned senior counsel for the writ petitioners is that appointment of the writ petitioners to the posts of Excise Inspectors is in accordance with Rule 6 of the Rules, which was in force till 17-6-1997 cannot be accepted for the simple reason that the writ petitioners were placed in the merit list, which was remain in force for a period of one year and some candidates in the cadre of Excise Inspectors have not joined, the marks secured by the candidates subject to rule of reservation has to be taken into consideration by appointing the persons in the order of merit from the candidates selected in the category of Excise Inspectors, which means, the persons who secured more marks and were given appointment as Excise Sub Inspectors should have been appointed as Excise Inspectors and the resultant vacancies in the category of Excise Sub-Inspectors should have been filled in by from the candidates in the waiting list in the order of merit. That has been given a complete go-by by the APPSC. In view of this fact, though the settled seniority position has to be necessarily disturbed, passage of time is not a ground to reject the legitimate claim of the unofficial respondents who are more meritorious persons than the writ petitioners herein. Therefore, it is a clear case where injustice has been done to the unofficial respondents herein in not considering their cases for the posts of Excise Inspectors though they are fully eligible according to the marks secured by them. However, in view of the fact that there are no lapses on the part of the writ petitioners and they were appointed in pursuance of the recommendations made by the APPSC, their seniority cannot be disturbed at this point of time, but however, they should be shown below the unofficial respondents who secured more marks. Considering all these aspects, the Tribunal rightly disposed of the O.As and that order needs no interference by this Court. 17. Accordingly, the writ petitions are dismissed. No order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.” In the ref. 5th cited, the DC, Hyderabad has fixed the seniority placement of Sri R. Tukya Prohibition & Excise Inspector, Ibrahimpatnam R.R. District at Sl.No.388/B in the final seniority list of Proh & Excise Inspectors of Zone-VI, dt.22-1-2011. In the ref.6th cited, the DC, Hyderabad requested this office to fix his seniority at appropriate place in the integrated seniority list. In view of the above, it is proposed to place the name of Sri R.Tukya Prohibition & Excise Inspector, SHO, Ibrahimpatnam R.R. District (Petitioner in W.P.No.12334/2004) at Sl.No.18/B in the integrated final seniority list of P&EIs communicated by this office vide Cr.No.7223/2012/CPE/L4 dt 02.8.2013. Therefore, the individuals noted in the address entry are called upon to submit their objections/representations, if any within (15) days against the above proposed assignment of seniority. If no reply/representation is received, the provisional decision will be finalized basing on the material available on record. Sl. No. Name Zone Designation 1. T. Vikramjeet Singh (ZE) VI Retired 2. K. Madhavaiah VI P&EI 3. B. Chanakya VI P&EI 4. K. Venkateshwarlu VI Retired 5. M. Vishnumurthy VI P&EI 6. K.Rajya Laxmi V Promoted as AES January 5, 2016] TELANGANA GAZETTE EXTRAORDINARY 7 7. K.Mahender Reddy V Retired 8. D.B.Jagjeevan Rao V Expired 9. K. Srinivasa Rao VI P&EI 10. D. Chandrabhan Naik VI P&EI 11. R. Venkateshwarlu VI P&EI 12. B. Ramulu VI Retired 13. J. Jeevan Kiran VI P&EI 14. D.Sarveshwarnath V P&EI 15. P.Srinivas Rao V P&EI 16. A.Kishan V P&EI 17. P.Sathyam V Retired 18. Md.Khaja Moinuddin V Retired 19. K.Venkateshwar Rao V Retired 20. G.Vijay Chander V Retired 21. Y. Radhakrishna Reddy VI P&EI 22. Narayana VI Retired 23. P. Sai Siva Prasad VI Retired 24. Sk. Maqdoom VI Retired 25. P. Aksa Rani VI Retired 26. M. Bheemaiah VI Retired 27. K.Ram Chander V Retired 28. T.Ravinder V Retired 29. M.Haribaba Rao V P&EI 30. B.Mukunda Reddy V P&EI 31. K.Thirupathy V P&EI 32. Ch.Ravinder Reddy V P&EI 33. N. Mohan VI P&EI 34. M. Muthulingam VI P&EI 35. M. Lingachary VI P&EI 36. Md.Niyamuthullah V Retired 37. Sd.Ibrahim V P&EI 38. Y.Sambhaiah V P&EI 39. K.Laxmanna V P&EI 40. Ch.Sheshagiri Rao V P&EI 41. R.Praveen V P&EI 42. P.Karamchand V P&EI 43. A.Srinivas Reddy V P&EI 44. M.Hanumaiah V Retired 45. E.Ramesh Reddy V P&EI 46. L.Narasimha Reddy V P&EI 47. B.Hanumantha Rao V P&EI 48. N.Srinivasa Rao V P&EI 49. G.Hanuma V P&EI 50. M.A.Q.H. Khaleel (ZE) VI Retired 51. B. Srinivas VI P&EI 52. S. Srinivas Reddy VI P&EI 53. Shaik Dawood VI Expired 54. Abdul Rasheed VI Retired 55. Y. Dasu VI Retired 56. Md. Aleemuddin VI Retired 57. C. Gangaram VI Retired 58. A. Rama Goud VI Retired 59. B. Bhujangam VI Retired 60. B. Shanker Raj VI Retired 8 TELANGANA GAZETTE EXTRAORDINARY [Part-I 61. K. Srinivasa Reddy VI Retired 62. P.Krishna Reddy V Retired 63. U.Isthari V Retired 64. Md. Waliuddin VI Retired 65. J. Murphy VI P&EI 66. B. Sudhakar VI P&EI 67. A. Narsimhulu VI Retired 68. M. Lingaiah VI Retired 69. G. Yellaiah, S/o.Balaiah VI Retired 70. K. Vishwanatham VI Retired 71. M.A. Razak VI Retired 72. Ch. Samuel Johnson VI Retired 73. Ahmed Baig VI Retired 74. Ahmed Chand Karimji VI P&EI 75. Shankeraiah VI Retired 76. Ch. Bheemaiah VI Retired 77. P. Sarvesham VI Transferred to Warangal Zone 78. L. Venkataiah VI Retired 79. Narayana (ZE) VI P&EI 80. R. Ravinder Reddy VI P&EI 81. P. Yadagiri VI Retired 82. P. Chenna Reddy VI Retired 83. G.C. Caleb VI Retired 84. M.A. Quddus VI P&EI 85. G. Yellaiah, S/o.Ramaiah VI P&EI 86. E.Narsaiah V Retired 87. A.Mohan Babu V P&EI 88. I.Vijender Reddy V Expired 89. M.P.R.Chandra Shekar V P&EI 90. C. Narasimha Reddy VI Retired 91. K. Ravinder Reddy VI Retired 92. Ahmed Hussain VI Retired 93. Y. Pushparaju VI Retired 94. K. Yesu Ratnam VI Retired 95. Syed Zainuddin VI Retired 96. Abdul Mujeeb VI Retired 97. Mohd. Qamruddin VI Retired 98. Mohd. Gayasuddin VI P&EI 99. K. Sreeramulu VI Retired 100. Md. Najeebullah Khan VI Retired 101. G. Sopendev VI Retired 102. E. Chalamaiah VI Retired 103. K.Jagannadha Rao V P&EI 104. Fakeera V P&EI 105. D.Jaypal V Retired 106. Ch.Srinivas V P&EI 107. M.Ravindra V P&EI 108. Ch.Samuel Ananda Rao V P&EI 109. T.Venkatapalanaidu V P&EI 110. C.Praveen Kumar Reddy V P&EI 111. M.Brahmananda Reddy V P&EI 112. G.Balakishan V Retired 113. H.K.Umesh V Retired 114. Ch.Nagasrinivasa Rao V P&EI January 5, 2016] TELANGANA GAZETTE EXTRAORDINARY 9 115. S. Ram Mohan Rao VI Retired 116. P.Tataji V P&EI 117. T. Ramulu VI Retired 118. V. Sudershan VI Retired 119. S.Suryanarayana V Retired 120. M.Yadagiri V Retired 121. Sandula Raja VI Retired 122. P. Krishna Swamy VI Retired The Nodal Dy. Commissioners of Prohibition & Excise, Hyderabad and Warangal, are requested to serve the notices to the above individuals and return the served copies with dated acknowledgement. JUDGEMENT OF THE HON’BLE HIGH COURT IN W.P.NO.12334 & 19888/2004 – REVISION OF PLACEMENT OF SRI D. SRINIVAS REDDY, P&EI – NOTICE – ISSUED. Ref: 1) This office Cr.No.A4/4948/2004, dt.3-9-2007 2) Judgement of the Hon’ble High Court in W.P.No. 12334 & 19888/2004, dt.24-6-2014 3) This office Cr.No.A4/4948/2004, dt.7-3-2015 4) CPE Cr.No.1395/2014/CPE/A2, dt.2-7-2015 5) Dy. Commissioner of Prohibition & Excise Hyderabad Cr.No A4/4948/2004 —3dt 30-11-2015 6) Dy. Commissioner of Prohibition & Excise. Hyderabad in Cr.No A4/4948/2004 dt 03.11.2015 while enclosing the copies in Cr.No.1395/2015/CPE/A2-3.- A Notification was issued by the APPSC vide Notification No.6/94 for recruitment to the post of Excise Inspector, Excise Sub-Inspector and Extension Officers (RD). In Zone-VI, (22) vacancies of Excise Inspectors were notified, out of which, the APPSC initially allotted (19) candidates and they joined on 2-11-1996. On the same day, certain Excise Sub-Inspectors who were also selected under the same notification also joined duty. Subsequently, on 29-5-1997, the APPSC vide APPSC Lr.No.4619/E.I/94, dt.29-5- 1997 communicated the selection list allotting (3) more candidates for the post of Excise Inspectors viz., Sri A. Srinivas Reddy, Sri R. Tukya and Sri D. Srinivas Reddy in the deleted vacancies and they joined on 27-12-97. After appointment of these (3) individuals, Sri R. Mahipal Reddy, Sri R. Kishan and Sri K. Vijay Bhasker, who were selected as Excise Sub-Inspectors in the same Notification filed O.A.Nos.6750/2000, 1407/98 and 5452/ 1997 respectively to consider their cases for the post of Excise Inspector on the ground that the (3) candidates who were subsequently allotted under deleted vacancies are having less marks than them in the recruitment exam. The APAT in the respective O.As directed to consider their cases for the post of P&EIs, if necessary by reverting the other in-eligible candidates. On the advice of the APPSC, they were appointed as Proh & Excise Inspectors in the year 2001 with retrospective effect from 29-5-1997 i.e. the date of communication of selection list for deletion vacancies. While the matter stood thus, certain other Excise Sub-Inspectors (applicants herein) who were selected on 02.11.1996 in the same recruitment and having more marks than the said 3 candidates filed a batch of OAs in O.A.No.6034/01 & batch staking their claim to the post of P&EI on the ground that they are more meritorious than the petitioners. The Hon’ble APAT disposed of all the O.As. by a common order dt.29-1-2004 directing that such of the applicants, who got more marks, but not given appointment as P&EIs due to lack of posts, should be given appointment in the posts which have fallen vacant on account of non-joining of the selected candidates. As this was the position, the three candidates selected against deleted vacancies viz., Sri R. Tukya and Sri A. Srinivas Reddy & Sri D. Srinivas Reddy filed WP.Nos.12334/04 and 19888/04 respectively challenging the orders of the APAT in O.A.No.6499/2001 and O.A.No.6034/2001 & batch. They also prayed not to cancel/review their appointment as P&EIs. The Hon’ble High Court in both the WPs granted interim direction on 23-7-2004 not to cancel/review their appointments as Prohn.& Excise Inspectors, pending WPs on the file of the High Court. During the pendency of the WPs, the seniority list of P&EIs of Zone-VI was finalized vide reference 1st cited. In the final seniority list, the names of Sri A. Srinivas Reddy, Sri R. Tukya and Sri D. Srinivas Reddy were placed at Sl.No.199, 200 and 201 respectively with remarks that their placements will be revised and re-fixed at appropriate place at the outcome of the Writ Petitions. G. 622/2. 10 TELANGANA GAZETTE EXTRAORDINARY [Part-I In the reference 2nd cited, the Hon’ble High Court in its common order, dt.24-6-2014 in WP.No.No.12334/ 2004 and 19888/2004 directed as follows: “16. The further contention of the learned senior counsel for the writ petitioners is that appointment of the writ petitioners to the posts of Excise Inspectors is in accordance with Rule 6 of the Rules, which was in force till 17-6-1997 cannot be accepted for the simple reason that the writ petitioners were placed in the merit list, which was remain in force for a period of one year and some candidates in the cadre of Excise Inspectors have not joined, the marks secured by the candidates subject to rule of reservation has to be taken into consideration by appointing the persons in the order of merit from the candidates selected in the category of Excise Inspectors, which means, the persons who secured more marks and were given appointment as Excise Sub Inspectors should have been appointed as Excise Inspectors and the resultant vacancies in the category of Excise Sub-Inspectors should have been filled in by from the candidates in the waiting list in the order of merit. That has been given a complete go-by by the APPSC. In view of this fact, though the settled seniority position has to be necessarily disturbed, passage of time is not a ground to reject the legitimate claim of the unofficial respondents who are more meritorious persons than the writ petitioners herein. Therefore, it is a clear case where injustice has been done to the unofficial respondents herein in not considering their cases for the posts of Excise Inspectors though they are fully eligible according to the marks secured by them. However, in view of the fact that there are no lapses on the part of the writ petitioners and they were appointed in pursuance of the recommendations made by the APPSC, their seniority cannot be disturbed at this point of time, but however, they should be shown below the unofficial respondents who secured more marks. Considering all these aspects, the Tribunal rightly disposed of the O.As and that order needs no interference by this Court. 17. Accordingly, the writ petitions are dismissed. No order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.” In the ref. 5th cited, the DC, Hyderabad has fixed the seniority placement of Sri D.Srinivas Reddy, Prohibition & Excise Inspector, SHO, Kollapur, Mahbubnagar District at Sl.No.388/C in the final seniority list of Proh & Excise Inspectors of Zone-VI, dt.22-1-2011. In the ref.6th cited, the DC, Hyderabad requested this office to fix his seniority at appropriate place in the integrated seniority list. In view of the above, it is proposed to place the name of Sri D.Srinivas Reddy, Prohibition & Excise Inspector, SHO, Kollapur, Mahbubnagar District (Petitioner in W.P.No.19888/2004) at Sl.No.18/C in the integrated final seniority list of P&EIs communicated by this office vide Cr.No.7223/2012/CPE/L4 dt 02.8.2013. Therefore, the individuals noted in the address entry are called upon to submit their objections/representations, if any within (15) days against the above proposed assignment of seniority. If no reply/representation is received, the provisional decision will be finalized basing on the material available on record. Sl. No. Name Zone Designation 1. T. Vikramjeet Singh (ZE) VI Retired 2. K. Madhavaiah VI P&EI 3. B. Chanakya VI P&EI 4. K. Venkateshwarlu VI Retired 5. M. Vishnumurthy VI P&EI 6. K.Rajya Laxmi V Promoted as AES 7. K.Mahender Reddy V Retired 8. D.B.Jagjeevan Rao V Expired 9. K. Srinivasa Rao VI P&EI 10. D. Chandrabhan Naik VI P&EI 11. R. Venkateshwarlu VI P&EI 12. B. Ramulu VI Retired 13. J. Jeevan Kiran VI P&EI 14. D.Sarveshwarnath V P&EI 15. P.Srinivas Rao V P&EI 16. A.Kishan V P&EI

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