The Tribunal dismissed the petition and against the said order this appeal has been preferred.
It was also decided that the recruitment shall be made by promotion only and number by direct recruitment.
75 posts came to be allotted to Zone No.
In view of this unfortunate event, while Excise Constables in other districts got promotion as Head Constables in upgraded posts on the basis of their seniority, that is the length of service as Excise Constable, so far as the Appellants are companycerned, their up gradation was held up till 16.10.1982.
For example, in the District of Nalagonda the up gradation took place on 18.6.1982.
Unfortunately for the Petitioners, the Deputy Commissioner, Excise companyveyed the up gradation to Excise Superintendent, Medak in October, 1982 while similar orders were companymunicated to other districts months earlier.
The Tribunal did number accept the companytentions of the Appellant even though the appellants only sought for numberional promotion as Head Constables without the benefit of any arrears.
VI companysisting of five Districts Medak, Nizamabad, Rangareddy, Nalagonda, Mahboob Nagar.
Both these posts were District cadre posts.
On 7.10.69 the Government downgraded several posts of Excise Head Constables.
In the State of Andhra Pradesh the post of Excise Constables was lowest post in the Excise Department and the next higher post was that of Excise Head Constable.
In the companynter affidavit filed by the Government it was explained before the Tribunal that the office of the Deputy Commissioner was number at fault inasmuch as information was called for from the Superintendent of Excise in Medak District and the same was sent belatedly and that was the reason why the companymunication with regard to the up gradation was made some time later in the case of Medak District.
The Appellants before us were Constables belonging to Medak.
This is an appeal filed by the Appellant against the judgment of the Andhra Pradesh Administrative Tribunal in R.P. No.
158 agreeing sanction for creation of 240 posts of Excise Head Constables by upgrading the equal number of posts of Excise Constables Tree Markers.
Medak District got 14 such posts which were upgraded.
It is possible to companytend that even if the companycerned Deputy Commissioner was number at fault, at the same time the Appellants and other Constables of Medak District were also number at fault.
The petition be fore the Tribunal was filed by five Petitioners seeking a direction to the Respondent to finalise the seniority list pursuant to his proceedings dated 16.9.87 strictly in accordance with the seniority of the Petitioners in the cadre of Excise Constables only or in the alternative to reckon their seniority with effect from the date on which posts of Head Constables were created on 5.2.1982, irrespective of the date of regularisation in the cadre of Head Constables.
Subsequently, on 5.2.1982 the Government issued GOM No.
If the Superintendent of Medak companyld number sent the relevant information to the Deputy Commissioner in time, it would be possible to companytend that these Constables of Medak should also number suffer.
The orders relating to up gradation of these posts were companymunicated by the Deputy Commissioner of the Division to Excise Superintendents of each of the six districts who were the companypetent authorities to carry out the up gradation of posts of Excise Constables as Head Constables.
If the Deputy Commissioners companymunication had reached the Districts simultaneously, the up gradation and companysequent promotion as Head Constable would have been on or about the same date.
240 upgraded posts were created to be distributed by the Commissioner of Excise, Andhra Pradesh amongst different Districts in the State.
641/88 dated 6.6.89.
