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N '4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY | TWO THOUSAND AND TWENTY FIVE (I PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13221 OF 2025 Between:
1. K.Kothandaramaiah,G. Number: 120b, S/o. Krishnaiah, aged about 58 years, Occ: Working as Head Constable, M.R.Palli P.S., Tirupati District, A.P.
2. T. Pratap Reddy, G. Number:293, S/o. Ramachandra Reddy (Late), aged about 57 years, Occ. Working as Head Constable, Traffic P.S., Tirupati, Tirupati District. 3. Y. Madhusudhan Naidu, G. Number: 1203, S/o. Gopal Naidu, aged about 57 years, Occ. Working as Head Constable, West P.S. Tirupati, Tirupati District, A.P.
4. S. Murali Naidu, G. Number: 1209, S/o. Ramachandra Naidu, aged about 60 years, Occ. Working as Plead Constable, Airport P.S., Tirupati, Tirupati District, A.P.
5. R. Munirathnam Naidu, G. Number: 1213, S/o. Bangaru Naidu, aged about 55 years, Occ. Working as Head Constable, CCS TML P.S., Tirupati District, A.P.
6. E. Anantha Rao, G. Number: 1214, S/o. Siddula Naidu, aged about 56 years, Occ. Working as Head Constable, CCS TML P.S., Tirupati District, A.P.
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7. J. Veera Kumar, G. Number: 1225, S/o. Narayana Raju, aged about 58 years, Occ. Working as Head Constable, East P.S., Tirupati, Tirupati District, A.P. 8'. S. Srinivasulu, G. Number: 1221, S/o. Changal Raju, aged about 59 years, Occ. Working as Head Constable, ReniguntaP.S., Tirupati District, A.P.
9. A. Arumugam, G. Number: 1254, S/o. Arasaiah, aged about 60 years, Occ. Working as Head Constable, Mahila P.S., Tirupati, Tirupati District, A.P.
10. R. Nagaraju, G. Number: 1229, S/o. Ramakrishnaiah (Late), aged about 58 years, Occ. Working as Head Constable, Traffic P.S., Tirupati, Tirupati District, A.P.
11. J. Balakrishna, G. Number: 1300, S/o. Ramachandra Raju, aged about 57 years, Occ. Working as Head Constable, RN Puram P.S., Tirupati District, A.P.
12. K. Sudhakar Reddy, G. Number: 1255, S/o. Krishna Reddy, aged about 57 years, Occ. Working as Head Constable, VR P.S., Tirupati, Tirupati District, A.P.
13. T. Rudraiah Setty, G. Number: 1909, S/o. Ramaswamy Setty, aged about 59 years, Occ. Working as Head Constable, Int P.S., Tirupati, Tirupati District, A.P.
14. C. Venkatachalapathi, G. Number: 1241, S/o. Guravaiah, aged about 56 years, Occ. Working as Head Constable, Renigunta P.S., Tirupati, Tirupati District, A.P.
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15. B. Subramanyam Reddy, G. Number: 1252, S/o. Guravareddy, aged about 56 years, Occ.
Working as Head Constable, SKHT Rural P.S., Tirupati District, A.P.
16. K. Madhavaiah, G. Number: 2522, S/o. Peddabba, aged about 56 years, Occ. Working as Head Constable, Traffic P.S., Tirupati,Tirupati District, A.P.
17. K. Sekhar babu,G. Number: 1249, S/o. Venkatarao, aged about 59 years, Occ. Working as Head Constable, Alipiri P.S., Tirupati, Tirupati District, A.P.
18. B. Mohan, G. Number: 296, S/o. Jayaramaiah, aged about 58 years, Occ. Working as Head Constable, Traffic P.S., Tirupati, Tirupati District, A.P.
19. B. Ramanaiah, G. Number: 1322, S/o. Gurappa (Late), aged about 56 years, Occ. Working as Head Constable, CCS P.S., Tirupati, Tirupati District, A.P.
20. B. Ravi, G. Number; 1256, S/o. Narasimhulu Mandadi, aged about 57 years, Occ. Working as Head Constable, East P.S., Tirupati, Tirupati District, A.P.
21. P. Ravi Kumar, G. Number: 1324, S/o. P.V Krishnan (Late), aged about 57 years, Occ. Working as Head Constable, MMOP II Town P.S., Tirupati District, A.P.
22. M. Nagaraju, G. Number: 1415, S/o. Muneppa, aged about 58 years, Occ. Working as Head Constable, Chandragiri P.S., Tirupati District, A.P.
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23. C. Munaswamy, G. Number: 1331, S/o. Raghavulu, aged about 56 years, Occ. Working as Head Constable, Renigunta PS Tirupati District, A.P.
24. B. Subramanyam, G. Number: 1228, S/o. Krishnamurthy (Late), aged about 57 years, Occ. Working as Head Constable, East P.S., Tirupati, Tirupati District, A.P.
25. M.Srinivasa ]VIurthy,G. Number: 1215, S/o. Ramaiah (Late), aged about 57 years, Occ. Working as Head Constable, East P.S., Tirupati, Tirupati District, A.P.
26. T. Venkatesh, G. Number: 296, S/o. Sambasivan, aged about 55 years, Occ. Working as Head Constable, CCS P.S., Tirupati, Tirupati District, A.P.
27. B. Ramu, G. Number: 1222, S/o. Gurrappa, aged about 55 years, Occ. Working as Head Constable, West P.S., Tirupati, Tirupati District, A.P.
28. S. D. Subramanyam, G. Number: 1227, S/o. Jeyabba, aged about 59 years, Occ. Working as Head Constable, Renigunta P.S., Tirupati District, A.P.
29.
B. Srihari, G. Number: 1190, S/o. Venkatappa Naidu (Late), aged about 58 years, Occ. Working as Head Constable, Thottembedu P.S., Tirupati District, A.P. ...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 Police Mangalagiri, A.P., Guntur District
3. The Inspector General of Police Rayalseema Region, O/o. The Police Head Quarters Kurnool, A.P., Kurnool District 4.The Deputy Inspector General of Police Ananthapuram Range,Ananthapuram District., A.P 5.The Superintendent of Police, Tirupati District., Tirupati, A.P. • ••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 / Legal.ll / 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 Kurnool passed orders on 19-12-2019 and SP Palnadu, dated 12-06-2023, as illegal, arbitrary, discriminatory and violative Of Articles 14, 16 and 21 of the Constitution on whose favour the S.P. of India and consequentially are entitled for fixation of notional seniority on par with their colleagues with effect from declare that the Petitioners 11.10.2013 / 01-01-2014 with
consequential benefit of promotion to the post of ASI.
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. on par with their lA NO: 1 OF 2Q2fi 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 consider the cases of the petitioners herein for granting notional seniority 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 dated 12-06-2023 Kurnool passed orders on 19.12.2019 keeping in view of the orders of the Government in Memo No. 14443/2020, dated 04-11-2015, and DGP Circular dt.22.10.2016 recent Order of D.G.P. dated. 02.12.2024 duly considering the representations of the petitioners on 07.05.2025 to the Superintendent of Police, Tirupati District, Tirupati pending disposal of the Writ Petition. to on S.P. Counsel for the Petitioner: SRI P V RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER
i APHC010263542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13221/2025 Between: ...PETITIONER K Kothandaramaiah AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.P VRAMANA Counsel for the Respondent(S):
1.GP FOR SERVICES I
The Court made the following:
ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“...to issue an appropriate 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 SLR Nos.7325-7326/2015 dated 23.3.2018 by the Hon’bje Supreme Court of India and hot implementing No.20871/Legal.ll/A2/2014 dated 4.11.2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) Department dated 6.9.2013 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 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 11.10.2013/1.1.2014 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 DGP dated 02.12.2024 and to pass such other order or orders....” Heard Sri P.V.Ramana, learned counsel for the petitioners and learned Government Pleader for Services-I for respondents. Government Circular Memo
2.
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 (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 Government circular memo No.20871/Legal.ll/A2/2014, dated 04.11.2015 and i the Circular Memo issued by the learned DGP vide Rc.No.674/E3/20 16, dated 22.10.2016, granting notional seniority and promotion w.e.f. 01.01.2014/05.01.2014.
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 and 2011. The petitioners are eligible for promotion to the post 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) 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, 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
4.
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/ 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,
5. 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 . 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. The Superintendent of Police, Palnadu District, also implemented the
7. 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.
8. Since the petitioners' cases were not considered, the petitioners made representations dated 07.05.2025, 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 the
order in 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.
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 07.05.2025, 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
0 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. As a sequel, miscellaneous applications, pending if any, shall stand closed.
Sd/- N NAGAMP^A ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, ^ 1 to Government, Home Department A P Secretariat, Velagapudi, Amaravati, Guntur District. ^ •
2. The Director General Police, Mangalagiri, A.P., Guntur District General of Police, Rayalseema Region Head Quarters Kurnool, A.P., Kurnool District
4. The Deputy Inspector General of Police Ananthapuram District., A.P
5. The Superintendent of Police, Tirupati District., Tirupati, A.P.
6. One CC to Sri P V Ramana, Advocate [OPUC]
7. Two CCs to GP for Services I, High Court of Andhra
8. Three CD Copies O/o. The Police Ananthapuram Range, Pradesh. [OUT] TF
HIGH COURT 'i DATED:09/05/2025
ORDER WP.No.13221 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS