IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAf^D AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9895 OF 2025 Between: 1^ S.Ameer Basha, S/o. Late M.A. Abdul Khader Saheb Age 58 years, HC No. 141, Thavanampalli P.S. Chittoor 2, M. Venkateswara Rao, S/o, Late Kuppaiah Naidu, Aged about 57 years HC 1753, DTC Chittoor PS Chittoor District. .y B.Bhushan, S/o. B.Muniratnam Mandadi Aged about 58 years, HC 1913, Chittoor Taluq PS Chittoor District 4. R.Devarajulu, S/o. Late Ramaiah, Age about 56 years, HC 159 CCS Chittor PS Chittoor District. 5. S.Muralidhar, S/o. Late S Subbaramaiah, Age about 57 years, HC 153 Kallur PS, Chittoor District. C.Vasudeva Mandadi, S/o. Late C.Narayana Mandadi, Aged about 59 years, HC 2506, Chittoor I Town PS Chittoor District n. Syed Dawood, S/o. Shameer Sahed Aged about 57 years, HC 2520 Bangarupalem PS Chittoor District 8. C.Manohar, S/o. Late C.R.Krishna, Aged about 58 years, HC 2480 CCS Chittoor, Chittoor District. % D.Balakrishnan, S/o. Late D.Munaswamy, Age 59 years, HC 2851 Mahila PS CTR, Chittoor District. lO.G.Subramanyam, S/o. G.Gangaiah Age 57 years, HC 2847, Punganur / UPS, Chittoor District. II.S.Gopi, S/o. Late S.Parthasaradhi, Age 60 years, HC 303, Chittoor / Traffic PS Chittoor District. 12. C.Surendran, S/o. Late C.Chengaiah Age 56 years, HC 2500 Gangavaram PS Chittoor District 1,3. D.Janardhan, S/o. Late D.Ramakrishnaiah Chetty, Age 56 years HC 2541 Vijayapuram PS Chittoor District 14.C.Devandranath, S/o. Late C.Thangavelu, Age 56 years, HC 2501 ^ Nagan UPS Chittoor District. /5. K.Chandran, S/o. G.Krishnaiah, Age 60 years, HC 2662 S.B Chittoor PS Chittoor District. "‘^16. P.Gunasekhar, S/o. A.H.Palani Age 60 years, HC 2499 Puthalapattu PS • phittoor District 17. P.Madhu Sudan Reddy, S/o. Late P.Chandra Sekhar Reddy Age 59 years, HC 1397 Rompicherla PS, Chittoor District. ...Petitioners AND 1. The State of Andhra Pradesh, 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, Chittoor 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 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/LegaL1/A2/ 2014, dated 4-11- 2015 giving effect to G.O.Ms.No.212 Horne (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 D.G.P. 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 Chittoor, dated 12-6-2023, 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 1-1-2014 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 12-6-2023 and Circular Orders of DGP, dated 22-10-2016 and recent order of D.G.P. dated. 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., Chittoor District, passed orders in C.No. 66/A1/2022/D.O. No. 529/2023 dated 12-6-2023, S.P. Kurnool passed orders on 19.12.2019 keeping in of the orders of the Government in Memo No. 14443/2020 dated 4-11-2015, and DGP Circular de 22.10.2016 recent Order of D.G.P. dated 02.12.2024 duly considering the representations of the petitioners to the Respondents dt.20.2.2025 pending disposal of the Writ Petition Counsel for the Petitioners: SRI P V RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: Order CGR, J. W.P.No.9895 of 2025 APHC010181112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9895/2025 [3506] Between: S. Ameer Basha and others ...PETITIONER(S) AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.PVRAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “...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 -"IMo 20871/LegaL1/A2/ 2014, dated 04.11.2015, giving effect to No.212 Home (Legal-ll) Department, dated G. 0. Ms. CGR, J. W.P.No.9895 of 2025 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. R, Chittoor, dated 12 06 2023 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, 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 ASl 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 to pass ....” 2. Heard Sri A. Kishore Kumar, learned counsel, representing learned counsel for the petitioner and learned Pleader for Services-1 appearing for the Sri P.V. Ramana, Assistant Government respondents. 3. The present writ petition is filed challenging the action of the respondents in not implementing the Government orders vide G.O.Ms.No.212 Home (Legai-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 the Government circular memo No.20871/ 22.01.2015 and also Legal.il/A2/2014, dated 04.11.2015, and the Circular Memo issued by learned DGP vide Rc.No.674/E3/2016, dated 22.10.2016, granting the notional seniority and promotion w.e.f. 01.01.2014/05.01.2014. CGR, J. W.P.No.9895 of 2025 Learned counsel for the petitioners submits that all the petitioners 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 11.10.2013 and 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 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 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 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 4. were years <#* CGR, J. W.P.No.9895 of 2025 (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. All the petitioners have completed three years of service as of 11.10.2013/01.01.2014, and are qualified and eligible for promotion to 6. 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.A1/7904/2013-18, dated 19.12.2019 considered 51 Head Constables for notional seniority for the 5 CGR, J. W.P.No.9895 of 2025 fJ year 2014 and 2015 as per the eligibility and seniority, keeping in view of G.O.Ms.No.212 Home (Lega!-ll) Department, dated 06.09.2013 and the circular orders, dated 02.12.2024, issued by DGP. The Superintendent of Police, Palnadu District, also implemented 7. the notional seniority in respect of 24 Head Constables, who were converted from 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 8. made representations, dated 20.02.2025 and 13.03.2025, furnishing all details to respondents 2 and 3. However, there is no response, and hence the above writ petition is filed. Learned Assistant Government Pleader for Services-I would 9. submit that the respondents 2 and 3 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, dated 02.12.2024. Given the facts and circumstances of the case, without touching 10. the merits of the matter, the Writ Petition is disposed of, at the stage of 6 CGR, J. W.P.No.9895 of 2025 admission with the consent of both the learned counsel, directing the respondents 2 and 3 to consider the representations made by the petitioners’, dated 20.02.2025 and 13.03.2025, 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 02.12.2024, and pass appropriate orders regarding the promotion of the petitioners as per the seniority and entitlement, within eight (08) weeks. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECmON OFFICER To, 1. The Principal Secretary to Government, State of Andhra Pradesh, 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, Chittoor District 4. One CC to SRI P V RAMANA Advocate [OPUC] 5. Two CCs to GP FOR SERVICES I, High Court of Andhra Pradesh [OUT] 6. Three CD Copies gsg HIGH COURT DATED: 23/04/2025 ORDER WP.No.9895 of 2025 DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS