IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8213 OF 2025 Between; 1. P Prabhudasu, S/o. Yellaiah, aged about 66 years, Occupation. Head Constable (2241), Machavaram P.S., Palnadu. Andhra Pradesh 2. Syed Rahaman, S/o. Sayeed Abdul Asheem, aged about 57 years. Occupation; Head Constable (922) Narasaraopet P.S., Palnadu District, Andhra Pradesh 3. Devula Naik, S/o. Chandru, aged about 55 years. Occupation. Head Constable(1508), Veldurthi PS, Palnadu District, Andhra Pradesh 4. K.Venkateswar rao, S/o. Kondaiah, aged about 55 years, Amaravathi PS (1509), Palnadu District, Andhra Pradesh. 5. Ragala Ravi, S/o. Chinnaiah, aged about 56 years Occupation. Pedhakakani PS (297), Guntur District, Andhra Pradesh. 6. P Manikya rao, S/o.Venkateswarlu, aged about 55 years. Occupation. Head Constable (245), Tenali II Town PS, Guntur District, Andhra Pradesh 7. M. Venkatratnam, S/o. Subbarao, aged about 58 years. Occupation. Head Constable (3311), Tadepalli Traffic PS , Guntur District, Andhra Pradesh 8. Meda Venkat Rao, S/o. Muttaiah, aged about 55 years, Occupation. Head Constable (1514), Peddakakani PS, Guntur District, Andhra Pradesh 9. Marturu Bhupati, S/o. Veera Raghavulu, Occupation. Head Constable 0472), Nagarampalem PS, Guntur District, Andhra Pradesh. 0 10. B. Ramakrishna, S/o. Late Manna Narayana, aged about 57 years. Occupation. Head Constable(2225), 56 years, Pattabhipuram PS, Guntur District, Andhra Pradesh. MA. Taqee, S/o Raboof, aged about 56 years Occupation. CIO RO (1230), Guntur District, Andhra Pradesh. Shaikh Ramesh Babu, S/o. Rahamatullah, aged about 58 years. Occupation. DSB (1271), Guntur District, Andhra Pradesh. T. Rama Rao, S/o. Hanumanth Rao, aged about 56 years. Occupation. Head Constable (1533), West Traffic PS, Guntur District, Andhra Pradesh. KV Sambasiva Rao, S/o. Gudaraiah, aged about 55 years. Occupation Head Constable ( 3982), Tadepalli PS, Guntur District, Andhra Pradesh 11. 12. 13. 14. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Mangalagiri, Andhra Pradesh. 3. The Superintend of Police, Guntur, Guntur District, Andhra Pradesh. 4. The Superintend of Police, Palnadu, Palnadu District, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not implementing the Government Orders, issued in G.O.Ms.No.212 Home (Legal-ll) Department, dated 6-9- 2013, keeping in view of the judgment of the Hon'ble Court in W.P.No.21172/2014 and batch, dated 22-1-2015, in spite of confirming the said judgment in SLP.Nos.7325- 7326/2015 dated 23-3-2018, by the Hon ble Supreme Court of India and not implementing may Government Circular Memo.No.20871/Legal.ll/A2/2014, dated 4-11-2015 giving effect to g.O.Ms.No.212 Home (Legal-ll) Department, dated 6-9-2-13 orders of DGP., dated 14-12-2015 and Circular Orders of DGP., dated 22- 10-2016 and recent order of DGP dated 02.12.2024 for granting Notional Seniority and promotion with effect from 1-1-2-14 on whose favour the S.P. Kurnool passed orders on 19-12-2019 and S.P., Palnadu, dated 12-6-2023, as illegal, arbitrary discriminatory and violation of Article 14, 16 and 21 of the Constitution of India and consequentially declare that the Petitioners entitled for fixation of notional seniority on par with their colleagues with effect from 1-1-2014with consequential benefit of promotion to the post of ASI., on par with their colleagues as per the orders passed by the S.P., Palnadu, dated 12-6-2023 and Circular Orders of DGP., dated 22-12-2016 and recent order of DGP., dated 02-12-2024. are 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 issue an interim direction directing the Respondents to forthwith to consider the cases of the Petitioners herein for granting notional seniority on par with the persons in whose favour the S.P., palnadu District, passed orders in C.NO.66/A1/2022/D.O.NO.529/2023 Kurnool passed orders on 19.12.2019 keeping in view of the Government Memo No. 14443/2020, dated 4-11-2015, and DGP Circular dt;22-10-2016 recent order of DGP., dated 12-6-2023, S.P. dated 02-12-2024 duly considering the representations of the petitioners dated: 18- 01-2025, 20-01-2025 and 25- 02-2025 to the Superintendent of Police, Palnadu and Guntur. Counsel for the Petitioners: SRI. P V RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010154212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8213/2025 Between: P Prabhudasu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P V RAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 W.P.No.8213of2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not implementing the Government Orders, issued in G.O.Ms.No.212 Home (Legal-ll) Department, dated 6-9-2013, keeping in view of the judgment of the Hon'ble Court in W.P.No.21172/2014 and batch, dated 22-1-2015, in spite of confirming the said judgment in SLP.Nos.7325- 7326/2015 dated 23-3-2018, by the Hon'ble Supreme Court of India and not implementing Government Circular Memo.No.20871/Legal.II/A2/2014, dated 4-11-2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) Department, dated 6-9-2013 orders of DGP., dated 14-12-2015 and Circular Orders of DGP., dated 22-10-2016 and recent order of DGP dated 02.12.2024 for granting Notional Seniority and promotion with effect from 1-1-2014 on whose favour the S.P. Kurnool passed orders on 19-12-2019 and S.P., Palnadu, dated 12-6-2023, as illegal, arbitrary, discriminatory and violation of Article 14, 16 and 21 of the Constitution of India and consequentially declare that the Petitioners are entitled for fixation of notional seniority on par with their colleagues with effect from 1-1-2014 with consequential benefit of promotion to the post of ASL, on par with their colleagues as per the orders passed by the S.P.,Palnadu, dated 12-6-2023 and Circular Orders of DGP., dated 22-12- 2016 and recent order of DGP., dated 02-12-2024 and to pass such other order or orders.... ” Heard Sri P.V.Ramana, learned counsel for the petitioners 2. and learned Assistant Government Pleader for Services-I for respondents. The writ petition is filed challenging the action of the respondents in not implementing the Government orders vide 3. G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013, despite the order in S.L.P.Nos.7325 and 7326 of 2015 dated 23.03.2018 confirming the judgment in W.P.No.21172 of 2014 and 3 W.P.No.8213of2025 batch, dated 22.01.2015 and also the Government circular memo No.20871/Legal.ll/A2/2014, dated 04.11.2015 and the Circular Memo issued by the learned DGP vide Rc.No.674/E3/2016, dated 22.10.2016 and recent order of learned DGP vide Rc.No.1345/E2/2023, dated 02.12.2024, granting notional seniority and promotion w.e.f. 01.01.2014. 4. Learned counsel for the petitioners submits that all the petitioners were appointed as A.R.Constables and they were converted as Civil Constables in the year 2010. The petitioners are eligible for promotion to the post of Head Constable by 2013 and latest by 01.01.2014, against the vacancies available for the panel year of 01.01.2014. The minimum period of five years for the promotion to the post of Head Constable (Civil) was reduced to three years by G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013. The said G.O. was challenged before the Andhra Pradesh Administrative Tribunal in O.A.No.7186 of 2013 and batch by personnel in the Civil Police. Initially, the Hon’ble Administrative Tribunal allowed O.A.No.7186 of 2013 and batch, by a common order dated 30.01.2014, and set aside G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013. The Government issued G.O.Ms.No.157, Home (Legal-ll) Department, dated 15.11.2014 cancelling G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013. Against the order in O.A.No.7186 of 2013 and batch. 4 W.P.No.8213 of 2025 W.P.No.21172 of 2014 and batch were filed. The Hon’ble High Court /•. allowed the writ petitions on 22.01.2015 by setting aside the orders passed by the Hon’ble Administrative Tribunal. S.L.P.Nos.7325 and 7326 of 2015 were filed and were dismissed by the Hon’ble Apex Court on 23.03.2018. Thereafter, the Government issued G.O.Ms.No.38 Home (Legal-ll) Department, dated 02.04.2015 cancelling G.O.Ms.No.157 Home (Legal-ll) Department, dated 15.11.2014. The Government issued circular memo No.20871/Legal.II/A2/ 5. 2014, dated 04.11.2015 and directed the learned DGP to take necessary action. In turn, the learned DGP issued a memo directing all the Unit Officers to send the Police Constables (Civil), who are eligible for the post of Head Constable (Civil), in terms of G O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 for pre-promotional training course, in consultation with IGP, training. The learned DGP also issued another memorandum vide Rc.No.1345/E2/2023 dated 02.12.2024 instructing all the range IsGP/DlsGP, to direct the concerned Unit Officers to implement the common orders of this Court dated 03.10.2023 in W.P.No.15291 of 2021 and batch, keeping in view of Rules in force and to furnish action taken report thereon. 5 W.P.No.8213 of 2025 All the petitioners have completed three years of service as of 11.10.2013, and are qualified and eligible for promotion to the post of Head Constable (Civil). Though the petitioners are eligible, their names were not included in pre-promotional training in respect of various batches. In respect of Kurnool District, the Superintendent of 6. Police, Kurnool vide D.No.1424/2019 C.No.A1/7904/2013-18, dated 19.12.2019 considered 51 Head Constables for notional the year 2014 and 2015 as seniority for per the eligibility and seniority, keeping in view of G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 and the circular orders issued by DGP 7. The Superintendent of Police, implemented the notional Constables, who Palnadu District, also seniority in respect of 24 Head were converted from AR to Civil, as per G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013. 8. Since the petitioners cases were not considered, the petitioners made representations dated 18.01.2025, 20.01.2025 and 25.02.2025, furnishing all details to respondents 2 to 4. However there is no response, and hence the above writ petition is filed. 9. Learned Assistant Government Pleader for Services submit that the would respondents 3 and 4 will consider the representations made by the petitioners’ and pass appropriate orders, keeping in view the order dated 23.03.2018 in W.P.No.8213 of 2025 S.L.P.Nos.7325 and 7326 of 2015 confirming the order in W.P.No.21172 of 2014 and batch, dated 22.01.2015 and the circular orders issued by the Government as well as learned DGP. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondents 3 and 4 to consider the representation s dated 18.01.2025, 20.01.2025 and 10. made by the petitioners’ 25.02.2025, keeping in view the order dated 23.03.2018 in S.L.P.Nos.7325 and 7326 of 2015 confirming the judgment in W.P.No.21172 of 2014 and batch, dated 22.01.2015 and also the dated Government circular memo No.20871/Legal.II/A2/2014, 04.11.2015 and the Circular Memo issued by the learned DGP vide Rc.No.674/E3/2016, dated 22.10.2016 and recent order of learned vide Rc.No.1345/E2/2023, dated 02.12.2024, and pass appropriate orders regarding the promotion of the petitioners as per the seniority and entitlement, within eight (08) weeks. There shall be no order as to costs. DGP sequel, miscellaneous petitions, pending if any, shall As a stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGJSTRAR SEcfiON OFFICER //TRUE COPY// To 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. -'■'M m 2. The Director General of Police, Mangalagiri, Andhra Pradesh. 3. The Superintend of Police, Guntur, Guntur District, Andhra Pradesh. 4. The Superintend of Police, Palnadu, Palnadu District, Andhra Pradesh. 5. One CC to Sri. P V Ramana Advocate [OPUC] 6. Two CCs to GP for Services I, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC A HIGH COURT DATED:01/04/2025 ORDER WP.No.8213 of 2025 IT 0 9 APR 2025 Ya: M Curreni Section . DISPOSING OF THE WP WITHOUT COSTS