IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^ -O' »l X qvv PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10122 OF 2025 Between: 1. S.Sreenivasa Rao, S/o. Late Narasimhulu, aged about 61 years, Occupation- Head Constable (989), II Town P.S., Vizianagaram District, Andhra Pradesh 2. B.Sai Krishna, S/o. Late Venkata Rao, aged about 60 years. Occupation- Head Constable (69) Control Room P.S., Vizianagaram District, Andhra Pradesh 3. M. Krishna Mohan, S/o. Late Bharathudu, aged about 55 years. Occupation- Head Constable(2094), Suluru Rural PS, Parvathipuram Manyam District Andhra Pradesh. 4. P. Rama Rao, S/o. Pydayya, aged about 55 years. Occupation- Head Constable(1112), II Town PS, Vizianagaram District, Andhra Pradesh. 5. M. Suryanarayana, S/o. Late Pedaa Swamulu, aged about 61 years Occupation- Head Constable (1088), Traffic PS, Parvathipuram Manyam District, Andhra Pradesh 6. N. Srinivasa Rao, S/o.Seetaram, aged about 60 years. Occupation- Head Constable (1125), DCRB PS, Vizianagaram District, Andhra Pradesh 7. B. Sankara Rao, S/o. Late Bhaskar Rao, aged about 59 years Occupation- Head Constable (213), Sc ST Cell, Vizianagaram District Andhra Pradesh 8. S.Venkata Ramana Murthy, S/o. Late Apparao, aged about 59 years Occupation- Head Constable (676), Gantyada PS, Vizianagararn District, Andhra Pradesh 9. R. Rama Rao, S/o. Somulu, aged about 55 years. Occupation- Head Constsbie (1221), I Town PS, Vizianagaram District, Andhra Pradesh. A. Venkata Pathi Raju, S/o. Late Chinna Laksmi Pathi Raju, aged about 59 years Occupation- Head Constable(1163) Gurla PS Vizianagaram District, Andhra Pradesh / 10. 0 11. J.Srinivasa Rao, S/o Late Appala Swamy, aged about 58 years. Occupation- Head Constable (1160), Gantyada PS, Vizianagaram District, Andhra Pradesh. A. Ramana, S/o. Late Ramunaidu, aged about 55 years Occupation- Head Constable (1128), Traffic PS, Vizianagaram District, Andhra Pradesh. Hari Gopala Rao, S/o. Late Hah Appala Swamy, aged about 55 years. Occupation- Head Constable (1094), II Town PS, Vizianagaram District,Andhra Pradesh. 12. 13. 14. M. Prasada Rao, S/o. Late Durugulu, aged about 55 years. Occupation Head Constable (1143), II Town PS, Vizianagaram District, Andhra Pradesh 15. B. Srinivasa Rao, S/o. Late Venkara Rao, aged about 55 years. Occupation- Head Constable ( 1072), CCS, Vizianagaram PS, Vizianagaram District, Andhra Pradesh N. Srinivas Rao, S/o. Late Narsu Naidu, aged about 55 yearsi Occupation- Head Constable ( 1067), Pedamanapuram PS, Vizianagaram District, Andhra Pradesh N. Chinniah, S/o. Late Samudram, aged about 55 years. Occupation Head Constable ( 1053), I Town PS, Vizianagaram District Andhra Pradesh E. Srinivasa Naidu, S/o. Lakshmi Naidu, aged about 54 years. Occupation Head Constable ( 1129), Pedamanapuram PS, District, Andhra Pradesh A. Srinivasa rao, S/o. Late Ramulu, aged about 54 years. Occupation Head Constable ( 1121), Gantyada PS, Vizianagaram District, Andhra Pradesh 16. 17. 18. 19. 20. A. Ramana, S/o. Late Ramunaidu, aged about 54 years. Occupation Head Constable ( 1058), I Town PS, Vizianagaram District Andhra Pradesh 21. K. Srinivasa Rao, S/o. Late Achari, aged about 59 Occupation Head Constable ( 1219), Vizianagaram Vizianagaram District, Andhra Pradesh K. Appala Raju, S/o. Late Suryanarayana, aged about 55 Occupation Head Constable ( 1218), Parvathipuram Town Parvathipuram Manyam District, Andhra Pradesh. years. Rural PS, 22. years. PS, ...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, Mangalgiri, Andhra Pradesh. 3. The Superintend of Police, Vizianagaram District, Andhra Pradesh. 4. The Superintend of Police, Parvathipuram Manyam 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 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/Legal.I1/A2/2014 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. 10-2016 and recent order of DGP dated 02.12.2024 for granting Notional Seniorty 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 as illegal, arbitrary, discriminatory and violation of Article 14 the Constitution of India and consequentially declare that the Petitioners entitled for fixation of notional seniority dated 4-11-2015 dated 22- dated 12-6-2023, 16 and 21 of are par with their colleagues with effect from 1-1-2014with consequential benefit of promotion to the post of ASI., on par with their colleagues on 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. APHC010194962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10122/2025 Between: S Sreenivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V RAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES I 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 Honble Court in W.P.No.21172/2014 and batch dated 22.1.2015 in spite of confirming the said judgment in SLR.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 I1/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 Seniorty 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 discriminator}^ 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 ASI on par with their colleagues as per the orders passed by the S.P., Palnadu dated 12.6.2023 and Circular Crders of DGP dated 22.12.2016 and recent order of DGP dated 02.12.2024 and to 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 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 3. in W.P.No.21172 of 2014 and 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/E3/20 16, dated 22.10.2016, 01.01.2014/05.01.2014. granting notional seniority and promotion w.e.f. 4. Learned counsel for the petitioners submits that ail 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 of Head Constable by 2013 and 2014 and latest by 11.10.2013, 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) were post 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, 15.11.2014 cancelling G.O.Ms.No.212 Home (Legal-ll) Department 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 Hon’ble Administrative Tribunal. S.L.P.Nos.7325 and 7326 of 2015 dated dated passed by the 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 15.11.2014. dated 5. The Government issued circular memo No.20871/Legal.ll/A2/ 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. 6. 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 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 year 2014 and 2015 as per the f eligibility and seniority, keeping in view of G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 and the circular orders dated 02.12.2024 issued by DGP. 7. The Superintendent of Police, Palnadu District, also implemented the notional seniority in respect of 24 Head Constables, who were converted from AR to Civil, per G.O.Ms.No.212 Home (Legal-ll) Department, dated as 06.09.2013. 8. Since the petitioners' cases were not considered, the petitioners made representations dated 07.02.2025, furnishing all details to respondents 2 to 5. However, there is no response, and hence the above writ petition is filed. 9. Learned Assistant Government Pleader for Services would submit that 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 W.P.No.21172 of 2014 and batch, dated 22.01.2015 and the circular orders dated 02.12.2024 issued by the Government as well as learned DGP. the order in 10. 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 4 5 to consider the representations made by the petitioners’ dated 07.02.2025, 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 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 22.10.2016/02.1 2.2024, 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. 7. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Mangalgiri, Andhra Pradesh. 3. The Superintendent of Police, Vizianagaram District, Andhra Pradesh. 4. The Superintendent of Police, Parvathipuram Manyam District, Andhra Pradesh. 5. One CC to Sri P V Ramana, Advocate [OPUC] 6. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM \ HIGH COURT DATED:22/04/2025 ORDER WP.No.10122 of 2025 2^ 2 'I APR 2025 ^ . Curreni Seotlors tn DISPOSING OF THE WP WITHOUT COSTS