APHC010325242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16345/2024 Between: 1. MAJJI CHANDRA SEKHAR, S/0 RAMI NAIDU, AGED 57 YEARS, OCC INSPECTOR OF POLICE, R/O. FLAT NO. 1306, MK GOLD, RISHIKONDA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, VISAKHAPATNAM RANGE, VISAKHAPATNAM, ANDHRA PRADESH. 4. THE ANDHRA PRADESH STATE LEVEL POLICE RECRUITMENT BOARD APSLPRB, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS INSPECTOR GENERAL OF POLICE-CUM-CHAIRMAN. ...RESPONDENT(S): 2 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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondents 2 and 3 herein in not considering the date of conversion of the petitioner as 06.12.1999 instead of 07.12.2002 for the purpose of seniority for further promotion as well as rejecting the request/representation of the petitioner dated 10.02.2024 by the 3rd respondent in Memorandum in C.No.346/A1/2024 dated 23.05.2024 as illegal, arbitrary and also oppose to principles of natural justice as well as oppose to the verdict of the Apex Court in SLP Civil Appeal No. 5862 of 2007 dated 26.03.2015 consequentially direct the respondents more particularly the respondents 2 and 3 herein to consider the case of the petitioner a fresh for the purpose of consideration of date of conversion as 06.12.1999 instead of 07.12.2002 for the purpose of seniority for further promotion in the light of the orders passed by the Apex Court in SLP Civil Appeal No. 5862 of 2007 dated 26.03.2015 by suspending the operation of the memorandum in C.NO.346/A1/2024 dated 23.05.2024 issued by the 3rd respondent forthwith before effecting any further promotions and to pass such other order. IA NO: 1 OF 2024 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 more particularly the respondents 2 and 3 herein to consider the case of the petitioner a fresh for the purpose of consideration of date of conversion as 06.12.1999 instead of 07.12.2002 for the purpose of seniority for further promotion in the light of the orders passed by the Apex Court in SLP Civil Appeal No. 5862 of 2007 dated 26.03.2015 by suspending the operation of the memorandum in C.No.346/A1/2024 dated 23.05.2024 issued by the 3rd respondent forthwith before effecting any further promotions pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16345 of 2024 ORDER: 1. The Present Writ Petition is filed questioning the Memo in C.No.346/A1/2024, dated 23.05.2024 issued by Respondent No.3 rejecting the representation, dated 10.02.2024 submitted by the Petitioner for considering the date of conversion of the Petitioner as ’06.12.1999’ instead of ‘07.12.2002’, as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner was initially appointed as Armed Reserve Sub-Inspector in the Visakhapatnam Range way back in the year 1991 pursuant to the Notification, dated 22.01.1991. Pursuant to the above mentioned notification, 20 candidates were selected for the post of Reserve Sub-Inspector in Visakhapatnam Range and among the selectees, 7 candidates were sent for training on 15.07.1991 and remaining 13 selected candidates, including the Petitioner were sent for training on 05.10.1992 on administrative grounds. 3. The Petitioner was converted as Sub-Inspector (Civil) on 12.12.2002 under Rule 15(c) of the Andhra Pradesh Police (Civil) Sub-Ordinate Service Rules R/w Rule 33(a) of A.P. State and 4 Subordinate Service Rules, 1996. The other individuals, who have been sent for training 15.07.1991 were said to have been converted as Sub-Inspectors of Police (Civil) on 06.12.1999. 4. After conversion on 12.12.2002, the Petitioner became eligible for further promotion to the post of Inspector of Police on completion of 6 years of minimum qualifying service as Sub-Inspector from the date of conversion vide G.O.Ms.No.137, Home (Pol.E) Dept., dated 01.06.1998. 5. The Petitioner was actually promoted as Inspector of Police on 26.04.2010 in the panel year 2009-2010 and the Petitioner was also assigned notional seniority in the cadre of Inspector of Police w.e.f. 01.09.2009, which was communicated vide G.O.Ms.No.153, Home (Service-I) Department, dated 05.10.2018. 6. The reason for filing the present Writ Petition is to re-fix the seniority of the Petitioner in the cadre of Reserve Sub-Inspector (AR) on par with his colleagues, who were sent for training on 15.07.1991 and the date of conversion of the Petitioner from ’06.12.1999’ to ‘07.12.2002’. 5 7. In the Counter Affidavit filed by Respondent No.3, it is stated that the conversion of Reserve Sub-Inspector (AR) to Sub-Inspector (Civil) is pursuant to willingness and under 5% quota provided under Andhra Pradesh Police (Civil) Sub-Ordinate Service Rules. It is stated that though the Petitioner’s representations were disposed of earlier, again the Petitioner submitted the present representation raising an objection of seniority seeking to fix the seniority on the date of initial appointment as Reserve Sub-Inspector (AR). The said application was rightly dismissed vide impugned memo. It is further stated that the Writ Petition is filed after a gap of more than 20 years from the date of cause of action and at this length of time the claim of the Petitioner cannot be entertained. 8. Heard Sri V. Sai Kumar, learned counsel for Petitioner and learned Assistant Government Pleader for Services-I appearing for the Respondents. 9. Firstly, there is substantial delay on the part of the Petitioner in raising the issue, which arose in the year 1999 i.e. when the Reserve Sub-Inspectors, who were sent for training converted as Sub-Inspectors (Civil) or when the Petitioner was converted as Sub- Inspector (Civil) in the year 2002. 6 10. Secondly, the Petitioner was appointed by transfer under the 5% quota as Sub-Inspector (Civil) in terms of G.O.Ms.No.270, Home (Pol.C) Department, dated 02.04.1990 and G.O.Ms.No.29, Home (Pol.C) Department, dated 08.01.1991 on the condition that the Petitioner should undergo 6 months induction training at A.P. Police Academy, Hyderabad and pass tests within the period of probation. 11. It is not the case of the Petitioner that there were vacancies available in the year 1999 for the Petitioner to be appointed at that point of time under 5% quota and as there is no plea to that effect in the Writ Petition. In the absence of any vacancy in conversion of posts from Reserve Sub-Inspector (AR) to Sub-Inspector (Civil), the Petitioner cannot automatically seek for retrospective conversion as Sub-Inspector (Civil) merely on the ground that certain others have been converted to Sub-Inspector (Civil) in the year 1999. 12. Thirdly, the Petitioner having accepted his conversion w.e.f. 12.11.2002 and further promoted to the cadre of Inspector in the year 2010 cannot seek for correctness of seniority in the feeder cadre at this length of time. 7 13. For the aforesaid reasons, the Writ Petition is dismissed. 14. No order as to costs. 15. As a sequel, pending applications, if any, shall stand closed. _________________ NYAPATHY VIJAY, J Date: 16.09.2025 IS 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16345 of 2024 Dated: 16.09.2025 IS