APHC010311632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16359 OF 2025 Between: 1. C.O. Obulesu, S/o. Late Chinnappaiah, aged about 56 years, Occ HC 1902, Bathalapalli PS attached to Clues Team SSS Lepakshi, Post, Village and Mandal, Sri Sathya Sai District(present), Ananthapuramu District A.P. 2. K.Mukunda Rao, S/o. K.Lakshmi Narayana Rao, aged about 57 years, Occ HC 2386 working at Hindupur II Town Police Station, R/o.H.No.12-1-76- 47, Prasanthi Nagar, Hindupur Town, Sri Sathya Sai District(present), Ananthapuramu District A.P. 3. P.T Shankaraiah, C/o. Gangamma, aged about 58 years, Occ HC 1996 P.S Hindupur II Town P.S, R/o.H.No.5-9-66-674, Model Colony, Hindupur Mandal, Sri Sathya Sai District(present), Ananthapuramu District A.P. 4. P.Sathyanarayana, S/o. Late Suryanarayana, age 59 years, Occ HC 114 Tadimarri P.S Sri Sathya Sai District(present Ananthapuramu, District) R/o.D.No. 13/1/745, Revenue Colony, Near Ramalayam Temple, Anantapuamu District, A.P. 5. Ch.Manohar, S/o. Late Ch.Yohan, aged about 55 years, Occ HC 1434 P.S Ananthapur I Town P.S, R/o.D.No.8/483-3, Police Lines, Gulzarpeta, Ananthapur, Ananthapuramu District, A.P. 6. M.S Fakruddin, S/o. Late M.S Mohamadh Imam Sab, aged about 55 years, Occ HC 1923 Traffic P.S Ananthapur, R/o. D.No.7-804, Rahamat Nagar, Ananthapur, Ananthapuramu District, A.P. 7. K.Sreenivasulu, S/o. Late K.Ramappa, aged about 58 years, Occ HC P.S Ananthapur II Town 1861 Ananthapuramu District, A. Ananthapur,R/o.D.No.6-757 % 8. K.Chandrashekar, S/o.K.Ramappa, aged about 56 years, Occ HC 1922 Peddhapappur, R/o. D.No.19- 3-538, Bhavani Nagar, Ananthapur, Ananthapuramu District, A.P. 9. A.Venkata Ramana, S/o. Late A.Veera Narayana, aged about 60 years, Occ HC 1939 Nallamada P.S (Attached to PCR Ananthapur), R/o.D.No. 11-2-403, Ananthapuramu District, A.P. Bangash Ayubkhan, S/o. Late B. Md. Haneef Khan, aged about 60 years, Occ HC 1946 Palthur P.S (Attached to DTC Ananthapur), R/o. D.No.6-3-141 Ananthapur, Ananthapuramu District, A.P Nayak Nagar, Maremma Temple, Ananthapur, 10. Flat No.501, Beside Buchpan School, Ramnagar ...Petitioners AND 1. The State of Andhra Pradesh, Home Department, Secretariat Building Velgapudi, Amaravathi, Guntur District, A.P. Secretary. 2. The District General Police, Mangalagiri, Guntur District, A.P. 3. The Inspector General of Police, Rayalseema Region, 0/o.The Police Head Quarters Mangalagiri, Guntur District, A.P. 4. The Superintendent of Police, Ananthapuramu District, A.P. 5. The Superintendent of Police, Satya Sai District, Puttaparthy, A.P. ...Respondents Rep. by its Principal 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not implementing the Government Orders in Circular Memo. No. 20871 / Legal.II / A2 / 2014 and Memo. Rc.No. 691/ E2-E3/2011, dated. G.O.Ms.No.212, Home (Legal-ll) in SLP.Nos.7325-7326/2015, dated 23-3- 2018 for granting notional seniority and Constables, with effect from 11-10-2013/1-1- 2014 on par with others, in spite of orders of Superintendent of Poiice Kurnool, dated 19-12-2019 dated 4-11-2015 14-12-2015, after upholding promotion to the post of Head and orders on par and circular orders of D.G.P. dated passed by the Superintendent of Police, Palnadu, dated 12-6-2023 with the similarly situated persons 22.10.2016, 02.12.2024 for granting Notional Seniority and Promotion effect from 1-1- 2014 with as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India. 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 direct 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 orders in C. No. 66 / Al / 2022! D.O. No. 529/2023 dated 12-6-2023, S.P. Kurnool passed orders on 19.12.2019 keeping in view of the orders of the Government in Memo No. 14443/2020, dated 4-11-2015, 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 and to pending disposal of writ 24.5.2025, 26.5.2025 to the Superintendent of Police, Ananthapuram the Superintendent of Police, Satya Sai District petition. Counsel for the Petitioners: K BHEEMA RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010311632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] r THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16359/2025 Between: 1. 0.0. OBULESU, S/0. LATE CHINNAPPAIAH, AGED ABOUT 56 YEARS, 000 HO 1902, BATHALAPALLI PS ATTACHED TO CLUES TEAM SSS LEPAKSHI, POST, VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT(PRESENT), ANANTHAPURAMU DISTRICT A.P. 2. K.MUKUNDA RAO S/0. K.LAKSHMI NARAYANA RAO, AGED ABOUT 57 YEARS, OCC HO 2386 WORKING AT HINDUPUR II TOWN POLICE STATION, R/O.H.NO.12-1-76- 47, PRASANTHI NAGAR, HINDUPUR TOWN, SRI SATHYA SAI DISTRICT(PRESENT), ANANTHAPURAMU DISTRICT A.P. 3. P.T SHANKARAIAH,, 0/0. GANGAMMA, AGED ABOUT 58 YEARS, OCC HO 1996 P.S HINDUPUR II TOWN P.S, R/O.H.NO.5-9-66-674, MODEL COLONY, HINDUPUR MANDAL, SRI SATHYA SAI DISTRICT(PRESENT), ANANTHAPURAMU DISTRICT A.P. 4. P.SATHYANARAYANA,, S/0. LATE SURYANARAYANA, AGE 59 YEARS, OCC HC 114 TADIMARRI P.S SRI SATHYA SAI DISTRICT(PRESENT ANANTHAPURAMU, DISTRICT) R/O.D.NO. 13/1/745, REVENUE COLONY, NEAR RAMALAYAM TEMPLE, ANANTAPUAMU DISTRICT, A.P. 5. CH.MANOHAR,, S/0. LATE CH.YOHAN, AGED ABOUT 55 2 HCGRJ W.P.No.16359 of2025 YEARS, OCC HC 1434 P.S ANANTHAPUR R/O.D.NO.8/483-3, I TOWN P.S POLICE LINES, GULZARPETA ANANTHAPUR, ANANTHAPURAMU DISTRICT, A.P. 6. M.S FAKRUDDIN S/0. LATE M.S MOHAMADH IMAM SAB, AGED ABOUT 55 YEARS, OCC HC 1923 TRAFFIC P.S ANANTHAPUR, R/0. D.NO.7-804, RAHAMAT NAGAR ANANTHAPUR, ANANTHAPURAMU DISTRICT, A.P. 7. K.SREENIVASULU S/0. LATE K.RAMAPPA, AGED YEARS, OCC HC 1861 P.S ANANTHAPUR II ANANTHAPUR,R/0.D.N0.6-757, TOWN, ANANTHAPURAMU DISTRICT A. 8. K.CHANDRASHEKAR,, S/0.K.RAMAPPA, AGED ABOUT YEARS, OCC HC 1922 PEDDHAPAPPUR 3-538, 56 R/0. D.N0.19- ANANTHAPUR, BHAVANI NAGAR, ANANTHAPURAMU DISTRICT, A.P. 9. A.VENKATA RAMANA,, S/0. LATE A.VEERA NARAYANA AGED ABOUT 60 YEARS, OCC HC 1939 NALLAMADA P.S (ATTACHED TO PCR ANANTHAPUR), R/0.D.N0.11-2-403 NAYAK NAGAR, MAREMMA TEMPLE ANANTHAPURAMU DISTRICT, A.P. ANANTHAPUR 10.BANGASH AYUBKHAN,, S/0. LATE B. MD. HANEEF KHAN, AGED ABOUT 60 YEARS, OCC HC 1946 PALTHUR T (ATTACHED TO DTC ANANTHAPUR), R/0. D.N0.6-3-14l", FLAT NO.501, BESIDE BUCHPAN SCHOOL, RAMNAGAR, ANANTHAPUR, ANANTHAPURAMU DISTRICT, A.P ...PETITIONER(S) P.S AND 1.THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT SECRETARIAT BUILDING, GUNTUR DISTRICT, A.P. SECRETARY. 2.THE DISTRICT GENERAL GUNTUR DISTRICT, A.P. VELGAPUDI, AMARAVATHI, REP. BY ITS PRINCIPAL POLICE, MANGALAGIRI, 3 HCGRJ W.P.No.16359 of2025 3.THE INSPECTOR GENERAL OF POLICE, RAYALSEEMA REGION, O/O.THE POLICE HEAD QUARTERS MANGALAGIRI, GUNTUR DISTRICT, A.P. 4.THE SUPERINTENDENT OF POLICE, ANANTHAPURAMU DISTRICT, A.P. 5.THE SUPERINTENDENT OF POLICE, SATYA SAI DISTRICT, PUTTAPARTHY, A.P. ...RESPONDENT(S): 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 may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not implementing the Government Orders in Circular Memo. No. 20871 / Legal.il/A2 / 2014, dated 4-11- 2015 and Memo. Rc.No. 691/ E2-E3/2011, dated. 14-12-2015, after upholding G.O.Ms.No.212, Home (Legal-ll) in SLP.Nos.7325- 7326/2015, dated 23-3-2018 for granting notional seniority and promotion to the post of Head Constables, with effect from 11-10- 2013/1-1- 2014 on par with others, in spite of orders of Superintendent of Police Kurnool, dated 19-12-2019 and orders passed by the Superintendent of Police, Palnadu, dated 12-6-2023 on par with the similarly situated persons and circular orders of D.G.P. dated 22.10.2016, 02.12.2024 for granting Notional Seniority and Promotion with effect from 1-1- 2014 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and pass such 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 may be pleased to direct 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 orders in C. No. 66 / Al / 2022! D.O. No. 529/2023 dated 12-6-2023, S.P. Kurnool passed orders on 19.12.2019 keeping in view of the orders of the Government in Memo No. 14443/2020, dated 4-11-2015, and DGP s# HCGR,J W.P.No.16359 of 2025 Circular dt.22.10.2016 recent Order of D.G.P dated. 02.12.2024 duly considering the representations of the petitioners on 24.5.2025, 26.5.2025 to the Superintendent of Police, Ananthapuram and to the Superintendent of Police, Satya Sai District, pending disposal of writ petition and pass such Counsel for the Petitioner(S): 1.KBHEEMA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I 5 HCGRJ W.P.No.l6359of2025 The Court made the following Order: 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 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/E3/2016, dated 22.10.2016, granting notional seniority and promotion w.e.f.01.01.2014. 2. Heard Sri K.Bheema Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Services-I for respondents. 3. 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. The petitioners are eligible for promotion to the post of Head Constable by 2013 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 6 HCGR,J W.P.No.16359 of2025 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 order dated 30.01.2014, and (Legal-ll) Department, dated 06.09.2013. G.O.Ms.No.157, Home (Legal-ll) Department, and batch, by a common set aside G.O.Ms.No.212 Home The Government issued dated 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 dated 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 issued dated 02.04.2015 cancelling G.O.Ms.No.157 Home (Legal-ll) Department, dated 15.11.2014. Court on 23.03.2018. Thereafter, the Government G.O.Ms.No.38 Home (Legal-ll) Department, 4. The Government issued circular 2014, dated 04.11.2015, and directed necessary action. In turn, the learned DGP issued memo No.20871/Legal.ll/A2/ the learned DGP to take a memo directing (Civil), who are (Civil), in terms of G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 for all the Unit Officers to send the Police Constables eligible for the post of Head Constable 7 HCGR,J W.P.No.16359 of2025 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. 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.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.C.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 and the circular orders issued by DGP. The Superintendent of Police, Palnadu District, also 6. implemented the notional seniority in respect of 24 Head Constables, who were converted from AR to Civil, as per G.G.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013. 8 HCGRJ W.P.No.16359 of2025 7. Since the petitioners cases were not considered petitioners made representations dated 24.05.2025 and 26. furnishing all details to respondents 2 to 5. However, the 05.2025, there is no response, and hence the above writ petition is filed. 8. Learned Assistant Government Pleader for Services submit that the respondents 4 would and 5 will consider the representations made by the petitioners’ and orders, keeping in S.L.P.Nos.7325 and 7326 of 2015 pass appropriate view the order dated 23.03.2018 in 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. 9. 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 directing the respondents 4 and 5 to consider the counsel representations made by the petitioners’ dated 24.05.2025 and 26.05.2025, 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 No.20871/Legal.II/A2/2014, dated 04.11.2015 circular memo and the Circular Memo issued by the learned DGP vide Rc.No.674/E3/2016 22.10.2016, and pass appropriate orders regarding the promotion of dated 9 HCGR,J W.P.No.16359 of2025 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. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// at" SECTION OFFICER To, 1. The Home Department, Secretariat Building, State of Andhra Pradesh, Velgapudi, Amaravathi, Guntur District, A.P. Secretary. The District General Police, Mangalagiri, Guntur District, A.P. The Inspector General of Police, Rayalseema Region, 0/o.The Police Head Quarters Mangalagiri, Guntur District, A.P. The Superintendent of Police, Ananthapuramu District, A.P. The Superintendent of Police, Satya Sai District, Puttaparthy, A.P. One CC to Sri. K Bheema Rao Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] Three CD Copies GSC Rep. by its Principal 2. 3. 4. 5. 6. 7. 8. HIGH COURT DATED:03/07/2025 ORDER WP NO. 16359 OF 2025 % M Jill 2025 ^ . Current Sectton £^spATcy^P m «» disposing the WP WITHOUT COSTS