Research › Search › Judgment

High Court of Andhra Pradesh · body

2023 DAILYLAW 1711 (AP)

PACHALA SRINIVASA RAO v. The State of Andhra Pradesh

WP/23350/2023 · 2026-04-19

D Ramesh

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010451542023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 23350/2023 Between: 1. PACHALA SRINIVASA RAO, S/O. PACHALA RAMAIAH, AGED ABOUT 52 YEARS, OCC.STATION FIRE OFFICER, D.NO.101, 1ST FLOOR, SRI MANOHARAM APARTMENT, 2ND LINE, L.I.C. COLONY, STAMBALA GARUVU, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH- 522002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A. P. SECRETARIAT, VELAGAPUDI, ARNARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF STATE DISASTER RESPONSE AND FIRE SERVICES, , ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT, ANDHRA PRADESH. 3. THE INSPECTOR GENERAL OF POLICE, , GUNTUR RANGE, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE CHAIRMAN, STATE LEVEL POLICE RECRUITMENT 2 BOARD, MANGALAGIRI, ANDHRA PRADESH 522503. 5. THE ANDHRA PRADESH STATE DISASTER RESPONSE AND FIRE SERVICE DEPARTMENT, NEAR POLICE CONTROL ROOM, GOVERNORPET VIJAYAWADA, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.23350 of 2023 ORDER: This writ petition is filed declaring the action of the 2nd respondent in making efforts to finalise the combined revised provisional seniority list for the cadre of Station Fire Officer working in Zone-I, II, III and IV, without considering the objections raised by the petitioner dated 28.08.2023 for notional promotion with all consequential benefits to the provisional seniority list, vide proceedings dated 23.02.2023, as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3. The State Level Police Recruitment Board has issued notification on 30.01.2002 inviting applications from eligible candidates for selection and appointment to the post of Stipendiary Cadet Trainees and the petitioner has participated and he was called for the certificate verification on 31.07.2002 and after medical examination, the petitioner was found fit, but his name was not considered on the ground that he has not furnished the correct information regarding his involvement in Crime No.87 4 of 2001 under Section 509 I.P.C. of Nagarampalem Police Station. Aggrieved by the said action, the petitioner has approached the Andhra Pradesh Administrative Tribunal (for short, ‘the Tribunal’) by filing O.A.No.1993 of 2004 and the said O.A. was allowed based on the judgment of the High Court reported in 2003 (1) ALD 380 and the said orders were assailed before the High Court and the same was also disposed of. The other candidates those who were selected pursuant to the said notification were sent for training on 06.06.2007. But, the case of the petitioner was not considered. Accordingly, he has approached once again the Tribunal by filing O.A.No.3073 of 2007 and based on the directions in the said O.A. the respondents have considered and rejected the case of the petitioner by order dated 06.01.2010. Assailing the same, the petitioner has approached once again the Tribunal by filing O.A.No.289 of 2010 and finally, as per the directions of the High Court in W.P.No.21644 of 2010, orders were issued on 26.04.2011 by appointing the petitioner as Station Fire Officer and sent for training. 4. The grievance of the petitioner is that as per merit list, the petitioner has to be placed based on the original selection list, but 5 the respondents, without considering the case of the petitioner notionally as per the original merit list, have prepared the provisional seniority list vide impugned proceedings dated 23.02.2023. Despite the petitioner has filed objections, the same were not considered. Hence, the present writ petition. 5. Based on the above contentions, learned Government Pleader has made his submissions based on the averments made in the counter. According to the averments, the petitioner has considered and appointed on 17.05.2011 and after that he was sent for training and subsequently, after completing the training, the petitioner has reported for duty at Fire Station, Vinjamuru on 20.01.2012. Hence, as per Rule 33(a) of Andhra Pradesh State and Subordinate Service Rules, 1996, the respondents have considered the case of the petitioner and fix the seniority from the date of appointment. Hence, the same is in accordance with the provisions of the statutory rules. 6. The fact remains that though the petitioner has submitted objections to the provisional seniority list, the respondents have not considered the same. Therefore, the respondents are 6 directed to consider the objections and finalise the seniority list in terms of the statutory provisions. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 20.04.2026 Ivd 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.23350 of 2023 Dated: 20.04.2026 Ivd