1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8683 OF 2025 Between: 1. Tadiboina Srinivasa Rao, S/o. Late Radha Krishna Murthy, Age 58 years, HC No.3006, Chebrolu P.S. Guntur. 2. Jagarlamudi Venkateswariu, S/o. Late Adaiah, Aged about 56 years, HC 1702, Narsaraopet II Town PS Palnadu District 3. Y.Vijaya Babu, S/o. Subbaiah, Aged about 56 years, HC 2719 Narsaraopet Traffic PS Palnadu District. ...PETITIONERS AND 1. The State of AP, rep. by Its Principal Secretary to Government Home Department, A.P.Secretariat, Velagapudi Amaravati, Guntur District 2. The Director General of Police, Mangalagiri, A.P. Guntur District. 3. The Superintendent of Police, Palnadu District 4. The Superintendent of Police, Guntur, Guntur 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 action of the Respondents in not implementing the Government Orders issued in G.O.Ms.No.212 Home (Legal-ll) Department, dated 06-09-2013, keeping in view of the judgment of the Hon'ble Court in W.P.No.21172/2014 and Batch, dated 22-01-2015, in spite of confirming the said judgment in SLP.Nos.7325-7326/2015 dated 23-03-2018, by the Hon'ble Supreme Court of India and not Implementing Government Circular Memo No 20871/L6gal1/A2/ 2014, dated 04-11-2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) Department, dated 06-09-2013 orders of DGP dated 14-12-2015 and Circular Orders of DGP, dated 22-10-2016 and recent Order of D.G.P. dated. 02.12.2024 for granting Notional Seniority and promotion with effect from 01-01-2014 on whose favour the S.P., Kurnool passed orders on 19-12-2019 and S.P Palnadu, dated 12-06-2023 as illegal, arbitrary, discriminatory and violative of Articles 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 frorr 01-01-2014 with 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 12-06-2023 and Circular Orders of DGP, dated 22-10-2016 and recent order of D.G.P. dated. 02.12.2024. 02.12.2024. 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 order, directing the Respondents 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 12-06-2023, S.P. 19.12.2019 keeping in of the orders of the Government in Memo No. 14443/2020, dated 04-11-2015, and DGP Circular de 22.10.2016 recent Order of D.G.P. dated 02.12.2024 duly considering the representations petitioners to the Respondent No.3 and Respondent No.4 dt.20.03.2025 pending disposal of the Writ Petition. orders in C.No. 66/A1/2022/D.O. No. 529/2023 dated Kurnool passed orders on Counsel for the Petitioner: SRI P V RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER APHC010165302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8683/2025 Between; ...PETITIONER(S) Tadiboina Srinivasa Rao and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): 1.P VRAM ANA Counsel for the Respondent{S): 1.GP FOR SERVICES I 2 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 06.09.2013, keeping in view of the judgment of the Hon’ble Court in W.P.No.21172/2014 and Batch, dated 22.01.2015, in spite of confirming the said judgment in SLP.Nos.7325-7326/2015 dated 23.03.2018, by the Hon’ble Supreme Court of India and not Implementing Government Circular Memo No 20871/LegaL1/A2/ 2014, dated 04.11.2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 orders of DGP dated 14.12.2015 and Circular Orders of DGP, dated 22.10.2016 and recent Order of D.G.P dated 02.12.2024 for granting Notional Seniority and promotion with effect from 01.01.2014 on whose favour the S.P., Kurnool passed orders on 19.12.2019 and S.P., Palnadu, dated 12.06.2023, as illegal, arbitrary, discriminatory and violative of Articles 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 01.01.2014 with 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 12.06.2023 and Circular Orders of DGP, dated 22.10.2016 and recent order of D.G.P dated 02.12.2024 and pass such other order or orders....” Heard Sri P.V.Ramana, learned counsel for the petitioners and learned 2. Government Pleader for Services-I for respondents. The present writ petition is filed challenging the action of the 3. respondents in not implementing the Government orders vide 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 batch, dated 22.01.2015 and also the 3 Government circular memo No.20871/Legal.I1/A2/2014, dated 04.11.2015 and the Circular Memo issued by the learned DGP vide Rc.No.674/E3/20 16, dated granting notional seniority and promotion w.e.f. 22.10.2016 01.01.2014/05.01.2014. Learned counsel for the petitioners submits that all the petitioners were 4. appointed as A.R.Constables and they were converted as Civil Constables in the year 2010 and 2011. The petitioners are eligible for promotion to the post of Head Constable by 2013 and 2014 and latest by 01.01.2014 and 05.01.2014, 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- II) 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, 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. 4 Thereafter, the Government issued G.O.Ms.No.38 Home (Legal-ll) Department, dated 02.04.2015 canceiling G.O.Ms.No.157 Home (Legal-ll) Department, dated 15.11.2014. The Government issued circular memo No.20871/Legal.II/A2/ 2014, dated 04.11.2015 and directed the learned DGP to take necessaryaction. 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. 6. 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 Police, Kurnool vide D.No.1424/2019 C.No.AI/7904/2013-18, dated 19.12.2019 considered 51 Head Constables for notional seniority for the year 2014 and 2015 as 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. 5 The Superintendant of Police, Palnadu District, also implemented the notional seniority in respect of 24 Head Constables, who were converted from 7. AR to Civil, as per G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013. Since the petitioners' cases were not considered, the petitioners made representations dated 12.03.2025 and 20.03.2025, furnishing all details to respondents 2 to 5. However, there is no response, and hence the above writ 8. petition is filed. Learned Assistant Government Pleader for Services would submit that 9. the respondents 4 and 5 will consider the representations made by the petitioners’ and pass appropriate orders, keeping in view the order dated 23.03.2018 in 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 10. 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 4 and 5 to consider the representations made by the petitioners’ dated 12.03.2025 and 20.03.2025, 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 Government circular memo No.20871/Legal.II/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 Rc.No. 6 1345/E2/2023 dated 02.12.2024 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. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Home Department A.P.Secretariat, Velagapudi Amaravati, Guntur District 2. The Director General of Police, Mangalagiri, A.P. Guntur District. 3. The Superintendent of Police, Palnadu District 4. The Superintendent of Police, Guntur, Guntur District 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 TF HIGH COURT DATED:04/04/2025 ORDER ^ofandh^ WP.No.8683 of 2025 {? g 7 8 APR 2025 ^ Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS