APHC010374562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Q THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19091 OF 2025 Between: K Pradeep Reddy, S/o K.Subbareddy, Aged. 40 years, R/o.D.No.8-29, Tadepalli Urban, Tadepalli Mandal, Guntur District, PIN-522501. Designation. Reserve inspector of Police, Intelligence Dept, Vijayawada. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The' A P State Level Police Recruitment Board APSLPRB, Rep. by its Chairman, O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 4. The Inspector General of Police Personnel, O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 5. The Inspector General of Police, Deputy Inspector General of Police Range, Eluru, West Godavari District. Home Eluru ...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 impugned action of the 2nd respondent in impugned proceedings Rc.No.l75/E2/2025, dt 19.04.2025 rejecting case of the petitioner for relinquishment of his promotion as Inspector of Police(Armed Reserve) and for reversion to the post of Sub-Inspector (Armed Reserve) as. to allow the petitioner to seek appointment by transfer to the post of Sub- Inspector(Civil), as highly illegal, arbitrary, violative of Article 14 of Constitution of India, apart from contrary to the principle Division Bench of this Hon'ble Court in W.P.No.36252 of 2018, dt 10.02.2021 . so ■-■■■ f ■■ the laid down by a consequently direct the respondents to consider the petitioner for appointment by transfer to the post of Sub-lnspector(Civil), by allowing relinquishing his promotion petitioner for as Inspector of Police(Armed Reserve), by reverting to the post of Sub-Inspector (Armed Reserve), so as to seek appointment by transfer to the post of Sub-Inspector (Civil) Notification issued vide Rc.No.40/SLPRB/Rect.l/2025 in pursuance of dt 25.02.2025, in the interest of Justice. IA NO: 1 OF 2n7S 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 grant interim suspension of impugned order issued by 2 proceedings Rc.No.l75/E2/2025, dt 19.04,2025, by directing the respondents to consider forthwith the case of petitioner for appointment by transfer to the post of Sub-Inspector (Civil) notified in Rc.No.40/SLPRB/Rect.l/2025, dt 25.02.2025, on the file of 3^^ respondent, in the light of judgment of a Division Bench of this Hon’ble Court in W.P.No.36252 of 2018, dt 10.02.2021, Pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES The Court made the following order: nd respondent in -I % APHC010374562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19091/2025 Between; 1.K PRADEEP REDDY, S/0 K.SUBBAREDDY, AGED. 40 YEARS, R/0. D.NO.8-29, TADEPALLI URBAN, TADEPALLI MANDAt, GUNTUR DISTRICT, PIN-522501. DESIGNATION. RESERVE INSPECTOR OF POLICE, INTELLIGENCE DEPT, VIJAYAWADA. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI,GUNTUR DISTRICT. 3.THE A P STATE LEVEL POLICE RECRUITMENT BOARD APSLPRB, REP. BY ITS CHAIRMAN, 0/0. DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 4.THE INSPECTOR GENERAL OF POIICEPERSONNEL, 0/0. DIRECTOR GENERAL OF POLICE, GOVERNMENTOF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 5.THE INSPECTOR GENERAL OF POLICE, DEPUTY INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU, WEST GODAVARI DISTRICT. 2 ...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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of the 2nd respondent in impugned proceedings Rc.No.l75/E2/2025, dt 19.04.2025, rejecting case of the petitioner for relinquishment of his promotion as Inspector of Police(Armed Reserve) and for reversion to the post of Sub-lnspector(Armed Reserve), so as to allow the petitioner to seek appointment by transfer to the post of Sub- Inspector(Civil), as highly illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to the principle laid down by a Division Bench of this Hon'ble Court in W.P.No.36252 of 2018, dt 10.02.2021, consequently direct the respondents to consider appointment by transfer to the post of Sub- Inspector(Civil), by allowing petitioner for relinquishing his promotion as Inspector of Police(Armed Reserve), by reverting to the post of Sub-lnspector(Armed Reserve) seek appointment by transfer to the post of Sub-lnspector(Civil) , in pursuance of Notification issued vide Rc.No.40/SLPRB/Rect.l/2025, dt 25.02.2025, in the interest of Justice and pass the petitioner for so as to 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 grant interim suspension of impugned order issued by 2nd respondent in proceedings Rc.No.l75/E2/2025, dt 19.04.2025, by directing the respondents to consider forthwith the case of petitioner for appointment by transfer to the post of Sub-lnspector(Civil) 25.02.2025, on the file of 3rd respondent, in the light of judgment of a Division Bench of this Hon’ble Court in W.P.No.36252 of 2018, dt 10.02.2021, Pending disposal of the present Writ Petition and Counsel for the Petitioner: 1.G VSHIVAJI Counsel for the Respondent(S): 1.GP FOR SERVICES I to notified in Rc.No.40/SLPRB/Rect.l/2025, dt pass 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19091/2025 ORDER: The present writ petition is filed questioning the order dated 19.04.2025, 1. rejecting the case of the Petitioner for relinquishment of his promotion as Inspector of Police (AR). 2. The Petitioner was initially appointed as Sub Inspector (AR) on 30.12.2008. On 31.01.2020, a notification was issued calling for willingness of appointment to the post of the Sub Inspector (Civil). The Petitioner gave his willingness for the post of Sub Inspector (Civil), as per the relevant Rules. While his application was under consideration, the Petitioner in the normal course was promoted as Sub Inspector (AR) on 04.08.2023. While the case stood thus, on 12.02.2025, the Petitioner submitted a 3. representation seeking to relinquish his promotion to the post of Inspector of Police (AR) and requested reversion to the post of Sub Inspector (AR), to facilitate consideration for appointment by transfer to the post of Sub Inspector (Civil). 4. As the said application was not being considered, the Petitioner filed W.P.No.6023 of 2025 before this Court, which was disposed of on 12.03.2025, directing the Respondents to consider the request of the Petitioner in terms of Division Bench judgment of this Court in W.P.No.36252 nd of 2018. Pursuant thereto the impugned order was passed by the 2 Respondent. ' # 5. Learned counsel for the Petitioner contend that the impugned order, by relying upon a judgment of Punjab and Haryana High overlooking the Division bench judgment of this Court, is unsustainable. 6. Sri S.Raju, learned Assistant Government Pleader would submit the case of the Petitioner was considered in terms of the Rules and the speaking order does not warrant any interference. Heard learned counsel for the Petitioner and Sri S.Raju Assistant Government Pleader for Services-I. Court while that 7. learned 8. The facts in the Division Bench judgment in W.P.No.36252 of 2018 are similar to the facts in this case. In the said case. Head Constable (AR) sought to relinquish his promotion to the post of Head Constable and requested reversion to his earlier post as Constable (AR), in terms of Rule 28 of the Andhra Pradesh State and Subordinate Service Rules 9. The Division Bench judgment though was considered in the impugned order curiously, the 2^^ Respondent have ignored the same and relied upon the C.S.Mander vs. State of Punjabi The judgment of the Division in W.P.No.36252 of 20178, of this Court is binding on the 2'''^ Respondent and the case of the Petitioner should be considered in terms of judgment of Division Bench of this Court only. 10. Accordingly, the writ petition is disposed of, directing the Respondents to reconsider the case of the Petitioner in terms of the Division Bench 1996. Bench ^ 1990 (5) SLR 528 5 judgment in W.P.No.36252 of 2018 and pass appropriate orders thereon as expeditiously as possible. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/-K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// N OFFICER SEC To 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The A P State Level Police Recruitment Board APSLPRB, Rep. by its Chairman, Q/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 4. The Inspector General of Police Personnel, O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 5. The Inspector General of Police, Deputy Inspector General of Police, Eluru Range, Eli^u, West Godavari District. 6. One CG to Sri G V Shivaji, Advocate [QPUC] 7. Two CCs to GP for Services - I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies RAM HIGH COURT DATED:07/08/2025 ORDER WP.NO. 19091 OF 2025 DISPOSING OF THE WP WITHOUT Costs