IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 516 OF 2025 BETWEEN; 1). Vasaka Gopi, S/o.Subramanyam, Age 59 years, Working as Head Constable,(G.No.1068) Denduluru P.S., Eluru Unit. 2). Bhumireddy Ramakrishna, S/o.Mutyalu, Age 58 years. Working as Head Constable, (G No 906) Denduluru P.S., Eluru Unit, W.G.District. 3). Mallidi Srinivasa Reddy, S/o. Suryanarayana Reddy aHv Working as Head Constable, (G.No.594) Attili P.S., W.G.District. 4). Vardhinedi Eedukondalu, S/o. Radha Krishna Murthy Constable, (G.No.781) RJY-4 Town Crime, East Godavari District. 5). Gedda Namha Sivayya. S/o. Subba Rao Age 59 years. Working as Head Constable. (G.No.813) Palakollu Town, W.G. District. 6). G.N.N.S. Rao, S/o.Venkata Rao, Age 58 years. Working as Head Constable, (G.No.985) Palakollu Town, W.G. District. 7). Mummidivarapu Yesupadam, S/o.Narasimha Murthy Age 59 years. Working as Head Constable, (G No 190) Penumantra, W.G.District. ' 8). Kolamuri Satyanarayana, S/o.Narasaiah, as Head Constable, ’(G.No.1532) JKG.Traffic, Eluru Unit. 9). Kadali Balakrishna, S/o.Narasimha Murthy, Age 57 years. Working as Head Constable, (G. No. 1534) Aakiveedu P.S., W.G. District. r f f 10). CH.Sheshavataram S/o.Venkata Rangarao, Age 59 years, Working as Head Constable, (G.No.1525) Bhimavaram 1 Town P.S, W.G. District. 11). Punuri Nagamalleswararao, S/o. Krishnamurthy (Late) Age 60 years. Working as Head Constable, (G.No.1547) Eluru Traffic P.S., Eluru Unit. 12). Vaddi Satyanarayana, S/o.Venkeswara Rao, Age 59 years. Working as Head Constable, (G.No. 1567) Denduluru P.S., Eluru Unit. 13).Chinni Nagaraju, S/o.Pichiyya, Age 56 years. Working as Head Constable, (G.No.1570) SB-Eluru P.S., Eluru Unit. 14). Lankapalli Prasad, S/o.Sanjeevarao (Late), Age 55 years. Working as Head Constable, (G.No.1572) Greyhounds, VSP, Eluru Unit. 15). Kilari Srinivasarao, S/o.Nageswara Rao, Age 58 years. Working as Head Constable, (G.No.1550) Samisrigudem, E.G.District. 16).Pasupuleti Satyanarayana, S/o.Venkatarao, Age 59 years. Working as Head Constable, (G.No.1580) Gadepalligudem Town, W.G.District. 17). Baddireddy Yedukondalu,S/o.Venkatarao, Age 57 years. Working as Head Constable, (G.No.1586) SB-Eluru P.S., Eluru Unit. 18). Satyawada Satyanarayana, S/o.Mutyam, Age 56 years, Working as Head Constable, (G.No.1588) Tailapudi, E.G.District. 19). Alladi Durga Prasad, S/o.Tatayya, Age 58 years. Working as Head Constable, (G.No.1589) Pentapadu, W.G. District. 20). Gudala Ramabadrayya, S/o.Mahalakshmi, Age 56years, Working as Head Constable, (G.No.1598) Chintalapudi, Eluru Unit. /i i - 21). Bale Srinivasarao, S/o.Satyanarayana, Age 59years, Working as Head Constable, (G.No. 1602) Pedavegi, Elluru Unit. 22). Medisetti Venkata Apparao, S/o.Tatarao, Age 59years, Working as Head Constable, (G.No.1611) Undi, W.G. District. 23). Mathangi Jeevaratnam, S/o.Pothuraju, Age 54years, Working as Head Constable, (G.No.1617) Eluru Rural, Eluru Unit. 24). Mulagala Ramakrishna, S/o. Venkata Ratnam, Age 59years, Working as Head Constable, (G.No.1045) Undrajavaram, E.G. District. 25). Rayudu Krishna Rao, S/o.Hanumanthu Rao, Age 55 years. Working as Head Constable, (G.No.2202) Yelamanchili, W.G.District. 26).D.Srinivasa Rao, S/o.Vasantha Rao, Age;55 years. Working as Head Constable, (G.No.3981) Chebrolu, Guntur District. 27).V.Ratna Raju, S/o.Adhiiah Age:57 years. Working as Head Constable, (G.No. 1699) Ponnur Rural, Guntur District. ... .Petitioners AND The State of Andhra Pradesh rep. by its Principal Secretary to Government, Home Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 1. 2. The Director General of Police, Mangalagiri, Andhra Pradesh, Guntur District. 3. The Inspector General of Police Costal Range, Guntur District. ^•9 G ~ The Superintendent of Police, Eluru, Eluru District, Andhra Pradesh. 4. The Superintendent of Police Guntur, Guntur District, Andhra Pradesh. 5. ...Respondents, praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction may 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 orders of the Hon’ble High Court in W.P.No.21172/2014 and Batch, dated 22-1-2015 spite of confirming the said orders by the Hon’ble Supreme Court i SLP.Nos.7325-7326/2015 dated 23-3-2018 in in and not implementing the Government Circular Memo,No.20871/Legal.ll/A2/ 2014, dated 4-11-2015 and the orders of DGP., dated 22-10-2016 for granting notional seniority and promotion with effect from 1-1-2014 on par with our colleagues in whose favour the S.P., Kurnool passed orders on 19-12- 2019 and S.P., Palnadu. dated 12-6-2023 and also per the orders of the Hon’ble High Court in spite of submitting representations dated as 14443/2020, dated 3-8-2022 in 31-12-2024 and 29-12-2024 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially are entitled for fixation of notional seniority with effect from 1-1-2014 in the cadre of Head Constables with declare that the Petitioners consequential promotion to the post of ASI. par with their colleagues i.e., the orders on passed by the S.P., Palnadu, dated 12-6-2013. 'V ' •}r. ; lA NO: 1 OF 2025 / Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased be pleased to issue an Interim order with a direction directing the Respondents forthwith to consider the cases of the petitioners for granting notional seniority on par with the persons in whose favour the S.P., Kurnool 19-12-2019 and orders of Superintendent of Police, passed orders on Palnadu dated 12-6-2023, keeping in of the orders of the Government issued in Circular Memo.No. 20871/Legal.II/A2/ 2014, dated 4-11-2015 and dated 22-10-2016, based on the the Circular orders of DGP. representations dated 31-12- 2024 and 29-12-2024, pending disposal of the Writ Petition. Counsel for the Petitioners : SRI P. V. RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court at the stage of admission made the following: ORDER r [3331] APHC010010052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 516/2025 Between: 1. VASAKA GOPI, S/O.SUBRAMANYAM, AGE 59 YEARS, WORKING AS HEAD CONSTABLE,(G.NO.1068) DENDULURU P.S., ELURU UNIT. 2. BHUMIREDDY RAMAKRISHNA, S/O.MUTYALU WORKING AS HEAD CONSTABLE, (G.NO.906) DENDULURU P.S., ELURU UNIT, W.G.DISTRICT. AGE 58 YEARS. 3. MALLIDI SRINIVASA REDDY, S/0. SURYANARAYANA REDDY, AGE 57 YEARS. WORKING AS HEAD CONSTABLE, (G.N0.594) ATTILI P.S., W.G.DISTRICT. 4. VARDHINEDI EEDUKONDALU, S/0. RADHA KRISHNA MURTHY AGE 57 YEARS. WORKING AS HEAD CONSTABLE, (G.N0.781) RJY-4TH TOWN CRIME, EAST GODAVARI DISTRICT. 5. GEDDA NAMHA SIVAYYA, S/0. SUBBA RAO, AGE 59 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.813) PALAKOLLU TOWN, W.G. DISTRICT. 6. G.N.N.S. RAO, , S/O.VENKATA RAO, AGE 58 YEARS. WORKING AS HEAD CONSTABLE, (G.N0.985) PALAKOLLU TOWN, W.G. DISTRICT. 7. MUMMIDIVARAPU YESUPADAM,, S/O.NARASIMHA MURTHY, AGE 59 YEARS. WORKING AS HEAD CONSTABLE, (G.NO. 190) 2 PENUMANTRA, W.G.DISTRICT. 8. KOLAMURI SATYANARAYANA,, S/O.NARASAIAH, AGE 57 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.1532) JRG.TRAFFIC, ELURU UNIT. i 9. KADALI BALAKRISHNA,, S/O.NARASIMHA MURTHY, AGE 57 YEARS. WORKING AS HEAD CONSTABLE, (G.NO. 1534) AAKIVEEDU P.S., W.G. DISTRICT. 10.CH.SHESHAVATARAM, S/O.VENKATA RANGARAO YEARS, WORKING AS HEAD CONSTABLE, (G.NO. 1525) BHIMAVARAM 1 TOWN P.S, W.G. DISTRICT. AGE 59 11.PUNURI NAGAMALLESWARARAO,, S/0. KRISHNAMURTHY (LATE), AGE 60 YEARS. WORKING AS HEAD CONSTABLE, (G.NO. 1547) ELURU TRAFFIC P.S., ELURU UNIT. 12.VADDI SATYANARAYANA,, S/O.VENKESWARA RAO, AGE 59 YEARS. WORKING AS HEAD CONSTABLE, (G.NO. 1567) DENDULURU P.S., ELURU UNIT. 13.CHINNI NAGARAJU,, S/O.PICHIYYA, AGE 56 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.1570) SB-ELURU P.S., ELURU UNIT. 14.LANKAPALLI PRASAD,, S/O.SANJEEVARAO (LATE) YEARS. WORKING AS HEAD CONSTABLE, (G.NO. 1572) GREYHOUNDS, VSP, ELURU UNIT. AGE 55 15.KILARI SRINIVASARAO,, S/O.NAGESWARA RAO, AGE 58 YEARS. WORKING AS HEAD CONSTABLE, (G.NO. 1550) SAMISRIGUDEM, E.G.DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3 2.THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA PRADESH, GUNTUR DISTRICT. 3.THE INSPECTOR GENERAL OF POLICE, COSTAL RANGE, GUNTUR DISTRICT. 4.THE SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT, ANDHRA PRADESH. 5.THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. ...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 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 6-9-2013, keeping in view of the orders of the Honble High Court in W.P.No.21172/2014 and Batch, dated 22-1-2015, in spite of confirming the said orders by the Honble Supreme Court in SLP.Nos.7325-7326/2015 dated 23-3-2018, and not implementing the Government Circular Memo.No.20871/Legal.II/A2/ 2014, dated 4-11-2015 and the orders of DGP., dated 22-10-2016 for granting notional seniority and promotion with effect from 1-1-2014 on par with our colleagues in whose favour the S.P., Kurnool passed orders on 19-12- 2019 and S.P., Palnadu, dated 12-6-2023 and also as per the orders of the Honble High Court in 14443/2020, dated 3-8-2022 in spite of submitting representations dated 31-12-2024 and 29-12-2024 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 with effect from 1-1-2014 in the cadre of Head Constables with consequential promotion to the post of ASi., on par with their colleagues i.e., the orders passed by the S.P., Palnadu, dated 12-6-2013 and to pass 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 4 be pleased to issue an Interim order with a direction directing the Respondents forthwith to consider the cases of the petitioners for granting notional seniority on par with the persons in whose favour the S.P., Kurnool passed orders on 19-12-2019 and orders of Superintendent of Police, Palnadu dated 12-6-2023, keeping in of the orders of the Government issued in Circular Memo.No. 20871/Legal.II/A2/ 2014, dated 4-11-2015 and the Circular orders of DGP., dated 22-10-2016, based on the representations dated 31-12- 2024 and 29-12-2024, pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1.PVRAMANA Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: :: ORDER :: Heard Sri P.V.Ramana, learned counsel for the petitioners and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents 1 to 5. The above writ petition is filed to declare the action of the respondents 4 and 5 in not implementing the Government order 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 the Circular Memo issued by the DGP vide Rc.No.674/E3/2016, dated 22.10.2016 granting notional seniority and promotion w.e.f. 01.01.2014, as illegal and arbitrary. 2. Learned counsel for the petitioner would submit that all the petitioners were appointed as A.R. Constable. They were converted as Constable in Civil 3. f 5 ^ in October 2010. The petitioners are eligible for promotion to the post of Head Constable by October 2013 and latest by 01.01.2014 against the vacancies available in the panel year of 01.01.2014. Learned counsel would also submit that the minimum period of five years for promotion to the post of Head Constable (Civil) was reduced to three years by G.O.Ms.No.212 Home (Legal- II) 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 (Lega!-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 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 of Andhra Pradesh 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. 4. \ \ 6 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 the 1993 and 1996 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 (Ex.P.6) considered 51 Head Constables for notional seniority for the years 2014 and 2015 as per the eligibility and seniority, keeping in view, G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 and the circular orders issued by DGP. 5. 6. The Superintendent of Police, Palnadu District also implemented the 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 (Ex.P.13). Since the petitioners' cases were not considered, the petitioners made representations dated 31.12.2024 and 29.12.2024 (Ex.P14) furnishing all details to respondents. However, there is no response, and hence the above writ petition is filed. 7. 8. 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 issued by the Government as well as learned DGP. 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 the consent of both the learned counsel, directing the respondents 4 and 5 to consider the representations made by the petitioners dated 31.12.2024 9. 1 0 and 29.12.2024 (Ex.P.14) keeping in view the order dated 23.03.2018 i:: 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 No.20871/Legal.ll/A2/2014, dated 04.11.2015 and the Circular Memo issued by the learned DGP iVde Rc.No.674/E3/2016, dated 22.10.2016 and 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. in memo pass Miscellaneous petitions pending, if any, shall stand closed. SDI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ^ % ' SECTION OFFICER To, 1. The Principal Secretary to Government, Home Department, State of AP, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Director General of Police, Mangalagiri, Andhra Pradesh, Guntur District. The Inspector General of Police, Costal Range, Guntur District. The Superintendent of Police, Eluru, Eluru District, Andhra Pradesh. The Superintendent of Police, Guntur, Guntur District, Andhra Pradesh. One CC to Sri P. V. Ramana, Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 2. 3. 4. 5. 6. 7. 8. Cnr HIGH COURT DATED:08/01/2025 j t ORDER WP.No.516 of 2025 2 3 JAN 2C25 . Current Section Co, DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS