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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10191 OF 2025 Between:
1. K Muralidhar, S/o. Late Surayya, aged about 58 years, Occupation Head Constable (446), DPTC, Srikakulam District, Andhra Pradesh
2. N. Krishna Rao, S/o. Balakrishna Murthy, aged about 58 years Occupation. Head Constable (1974) Intelligence, Srikakulam District, Andhra Pradesh
3. I. Appa Rao, S/o. Late Ramulu, aged about 59 years Occupation Head Constable(170), Seethampeta PS, Srikakulam District, Andhra Pradesh. 4. K. Nageswara Rao, S/o. Late Raja Papa Rao, aged about 57 years. Occupation Head Constable(337), Traffic PS, Srikakulam District, Andhra Pradesh. 5. A. Mohana Rao, S/o. A. Raja Rao, aged about 54 years. Occupation Head Constable (92), II Town PS, Srikakulam District, Andhra Pradesh. %
6. D. Durga Rao, S/o.Late Seetharam, aged about 59 years. Occupation Head Constable (1980), GRP, Srikakulam District, Andhra Pradesh I^-lH.Hemachalam, S/0. Krishna Murthy, aged about 56 years 'Occupation Head Constable (1987), SB, Srikakulam District, Andhra Pradesh. -
8. . N. Srinivasa Rao, S/o. Late Jagannadham Naidu, aged about 59 years. Occupation Head Constable (867), Vangara PS, Srikakulam District, Andhra Pradesh
9. V. Raja Rao, S/o. Late V. Appayya, aged about 56 years. Occupation Head Constsbie (935), R A Valasa PS, Srikakulam District, Andhra Pradesh. 10. B. Narsinga Rao, S/o. D. Ramulu, aged about 58 years. Occupation Head Constable (1010) Traffic PS, Srikakulam District, Andhra Pradesh. 11. G. Satyanarayana, S/o Late Vankata Rao, aged about 54 years. Occupation Head Constable (1039), Polaki PS, Srikakulam District, Andhra Pradesh. 12. S. Appala Suri, S/o. Late Suryanarayana, aged about 56years, Occupation Head Constable (1983), Marine, Bavanapadu PS, Srikakulam District, Andhra Pradesh. 13. B. Srinivasa Rao, S/o. Barikayya, aged about 54 years. Occupation Head Constable (1996), CID, Srikakulam District, Andhra Pradesh. ...PETITIONERS AND
1. The State Of Andhra Pradesh, rep. by its Principal Secretary Department of Home, SecretariatBuildings, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Mangalgiri, Andhra Pradesh. 3. The Superintend of Police, Srikakulam 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 06-09- 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 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., Guntur, 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 1-1-2014with consequential benefit of promotion to the post of ASI., on par with their colleagues as per the orders passed by the
-'t* 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 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may be 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 ersons in whose favour the S.P., palnadu 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 view of the Government Memo No. 14443/2020, dated 4-11-2015, and DGP Circular dt;22-10- 2016 recent order of DGP., dated 02-12-2024 duly considering the representation of the petitioners dt:30.01.2025, 31.01.2025, 01.02.2025, 03.02.2025 and 05.02.2025 to the Superintendent of Police, Srikakulam and to pass Counsel for the Petitioner: SRI. P V RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following Order:
APHC010194952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY JHE TWENTY SECOND DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10191/2025 Between: K Muralidhar 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 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 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 -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 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 Guntur 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 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 pass such other order or orders....” Heard Sri P.V.Ramana, learned counsel for the petitioners and learned in
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 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. the granting notional seniority and promotion w.e.f.
4.
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 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. 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 were The
V. 4 % and were dismissed by the Hon’ble Apex Court on 23.03.2018. Thereafter, the Government issued G.O.Ms.No.OS 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.I1/A2/ 2014
5. 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 to 17.10.2013/01.01.2014, 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 eligibility and seniority, keeping in view of G.O.Ms.No.212
5 Home (Legal-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 the notional seniority in respect of 24 Head Constables, who were converted from AR to Civil
7. 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 30.01.2025. 31.01.2025, 01.02.2025, 03.02.2025 & 05.02.2025, furnishing all details to respondents 2 to 5. However, there response, and hence the above writ petition is filed. 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 the 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. IS no
9.
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 and 5 to consider the representations made by the petitioners’ dated 30.01.2025, 31.01.2025, 01.02.2025, 03.02.2025 & 05.02.2025, keeping in view the order dated 23.03.2018 in S.L.P.Nos.7325 and 7326 of 2015 confirming the
6
judgment 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 22.10.2016/02.12.2024, 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.
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/- K J RAJA BABU ASSISTANT REGISTRAR ^ SC //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Department of Home, SecretariatBuildings, Velagapudi, Amaravathi, Guntur District.
2. The Director General of Police, Mangalgiri, Andhra Pradesh.
3. The Superintencfof Police, Srikakulam District, Andhra Pradesh.
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 vna
y HIGH COURT DATED:22/04/2025 ■K
ORDER WP.No.10191 of 2025 2 ii 2025 m if 3C oe,n VO. Current Sectiort .
DISPOSING OF THE WRIT PETITION WITHOUT COSTS