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2025 DAILYLAW 10172 (AP)

K PRADEEP REDDY v. THE STATE OF AP

WP/6023/2025 · 2025-03-12

Challa Gunaranjan

Special Leave Petitionbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6023 OF 2025 Between: K Pradeep Reddy, S/o K.Subbareddy, Aged 40 years, R/o D.No.8-29, Tadepalli Urban, Tadepalli Mandal, Guntur District, PIN-522501. Designation; Reserve Inspector of Police, Intelligence Dept, Vijayawada. ...PETITIONER AND 1. The State of Andhra Pradesh , Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh Mangalagiri, Guntur District. 3. The A.P State Level Police Recruitment Board, (APSLPRB), Rep. by its Chairman, O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 4. The Inspector General of Police(Personnel), O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 5. The Inspector General of Police, Deputy Inspector General of Police, Eluru Range, Eluru, West Godavari District. ...Respondents 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 a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of respondents in not considering the petitioner for relinquishment of his promotion as Inspector of Police(Armed Reserve) and for reversion to the post of Sub- inspector(Armed Reserve), so as to allow the petitioner to seek appointment by transfer to the post of Sub-lnspector(Civil), inspite of representation dt 12.02.2025, as highly illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to the principle laid down by a Division Bench of this Ho’nble Court in W.P.No.36252 of 2018, dt 10.02.2021, consequently direct the respondents to consider the petitioner for appointment by transfer to the post of Sub-lnspector(Civil), by allowing petitioner for relinquishing his promotion as Inspector of Police(Armed Reserve), by reverting to the post of Sub-lnspector(Armed Reserve), so as to seek appointment by transfer to the post of Sub-lnspector(Civil), in pursuance of Notification issued vide Rc.No.40 SLPRB/Rect. 1/2025 , dt 25.02.2025, in the interest of Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider forthwith the case of petitioner for appointment by transfer to the post of Sub-lnspector(Civil) notified in Rc.No.40/SLPRB/Rect.1/2025, dt 25.02.2025, on the file of 3rd respondent, by considering representation dt 12.02.2025, made by § petitioner in the light of judgment of a Division Bench of this Hon ble Court in W.P.No.36252 of 2018, dt 10.02.2021, Pending disposal of the present Writ Petition. Counsel for the Petitioner :SRI. G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER APHC010113872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] ■E WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6023/2025 Between: ...PETITIONER K Pradeep Reddy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.G VSHIVAJl Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 # The Court made the following order. F This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- .,to issue an appropriate writ, order or direction more particularly one in of WRIT of MANDAMUS, declaring the impugned action of considering the petitioner for relinquishment of his the nature respondents in not promotion as Inspector of Police (Armed Reserve) and for reversion to the post of Sub-Inspector (Armed Reserve), so as to allow the petitioner to seek appointment by transfer to the post of Sub-Inspector (Civil), inspite of representation dt.12.02.2025, as highly illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to the principle laid down by a Division Bench of this Hon’ble Court in WPNo.36252 of 2018, dt.10.02.2021, consequently direct the respondents to consider the petitioner for appointment by transfer to the post of Sub-Inspector (Civil), by allowing petitioner for relinquishing his promotion as Inspector of Police (Armed Reserve), by reverting to the to seek appointment by post of Sub-Inspector (Armed Reserve), so transfer to the post of Sub-Inspector (Civil), in pursuance of Notification RcNo40/SLPRB/Rect.1/2025, dt.25.02.2025, In the interest as issued vide of Justice and pass such other order or orders.... The petitioner has been, initially, recruited and appointed as Sub to notification dated 2. Inspector of Police (Armed Reserve), in pursuance 30.12.2008 and presently, on promotion, he is working as Inspector of Police of G.O.Ms.No.98, dated 01.05.2006, which (Armed Reserve). In terms made under G.O.Ms.No.374, dated 14.12.1999, the Reserve amended Rules Sub Inspectors of Police (AR) are eligible for appointment by transfer as Sub Inspectors of Police (Civil), provided, they must not have completed the age of in which selections are made and have with clean record of service and participated 40 years as on 1®^ July of the year served for not less than 5 years of fire with Naxalites, Maoists and terrorists besides possessing edlFcational qualifications prescribed for Sub Inspector of Police (civil) for in exchange % 3 direct recruitment. The third respondent vide Rc.No.262/R&T/Rect .1/2019, dated 31.01.2020 called for applications from willing and eligible ReserveSub Inspectors of Police (AR/SAR/CPL/APSP) (Men) for appointment to the posts of Sub Inspector of Police (Civil) (Men) under 5% quota arrived from 01.07.2018 to 30.06.2019 for the year 2019. The petitioner being eligible, submitted his willingness on 02.03.2020. Though the willingness was submitted, the respondents have not proceeded with selection process at that point of time. In the meantime, the petitioner was promoted as Reserve Inspector in the parent department on 04.08.2023. The petitioner has made an application dated 12.02.2025 to the respondent Nos.2 to 4 expressing his intention to work as Sub Inspector of Police (Civil). The said request is pending consideration. That being so, now the third respondent has now issued memorandum vide Rc.No.40/SLPRB/Rect.1/2025, dated 25.02.2025 once again calling for applications form willing and eligible Reserve Sub Inspectors of Police for appointment and transfer to the post of Sub Inspectors of Police (Civil) for the panel year 2019, in continuation to the earlier memorandum dated 31.01.2020. As per the said memorandum, the fourth respondent and concerned Deputy Inspector General of Police are requested to send the data with respect to the eligible RSIs for conversion to Sub Inspectors of Police (Civil) on or before 15.03.2025. As the petitioner’s request for relinquishment of promotion as Reserve Inspector is still pending consideration and the third respondent has initiated steps for finalizing the eligible candidate, the present writ petition came to be filed. 4 3. Heard Sri G.V.Shivaji, learned counsel for the petitioner and learned Government Pleader for Home appearing on behalf of the respondents. 4. Learned counsel for petitioner submits that the petitioner’s request for relinquishment of his promotion as Inspector of Police (Armed Reserve), which is made in terms of Rule 28 of Andhra Pradesh State and Subordinate Services Rules 1996 is pending consideration with respondent Nos.2 and 4. In terms of aforesaid Rule, petitioner’s case is entitled to be considered and he would fall within the parameters of Rule 28 for such consideration. Reliance is placed on Judgment in W.P.No.36252 of 2018. As the request of petitioner for consideration of his relinquishment is not considered, in case, the third respondent proceeds with finalizing the list of eligible Reserved Sub Inspector of Police, the petitioner would be deprived of being considered under the said notification. The learned Assistant Government Pleader submits that the case of the petitioner in terms of the request dated 12.02.2025 made to respondent Nos.2 to 4 shall be considered in accordance with law. 5. In view of the submissions made above, without entering into the merits of the matter and expressing any opinion on the same, it would suffice to dispose of the writ petition directing the respondent Nos.2 to 4 to consider and dispose of the petitioner’s request in terms of the application dated 12.02.2025 by considering the judgment in W.P.No.36252 of 2018 within a period of two (02) weeks in accordance with law and respondents shall pass speaking order 6. / 5 and communicate the same to the petitioner. On such disposal and in the petitioner’s request of relinquishment of promotion is considered positively, of the petitioner shall be considered by third respondent for including in the list of eligible candidates in terms of memorandum dated 25.02.2025 subject to petitioner being incompliance with the requirement of eligibility as prescribed under G.O.Ms.No.98. dated 01.05.2006 in accordance with law. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. case name sequel thereto, miscellaneous petitions pending, if any, shall stand As a closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To 1. The Principal Secretary, Home Department, Secretariat Velagapudi, Amaravathi, Guntur District. ®°''®rnmenl of Andhra Pradesh Mangalagiri, Guntur District. Buildings ^ o/o Level Police Recruitment Board, (APSLPRB) Government of Andhra Pradesh Mangalagiri, Guntur District. ’ General of Police(Personnel), O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. Phfr General of Police, Deputy Inspector General Eluru Range, Eluru, West Godavari District. 6. One CC to Sri. G V Shivaji, Advocate [OPUC] 7. Two CCs to GP for Services I ,High Court Of Andhra 8. Three CD Copies of Police, Pradesh. [OUT] vna HIGH COURT DATED:12/03/2025 ORDER WP.No.6023 of 2025 5f AN 0/5}^ 13 MAR 2C25 . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS