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APHC010434432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22744 OF 2025 Between:
1. A. Chinni Krishnama Naidu, (G.No.1216) S/o. A. Vengama Naidu, Aged about 55 years, Occ; Head Constable, O/o. Alipiri Police Station, Tirupati, Tirupati District. 2. R. Muniraja, S/o. R. Balaramaiah, (G.No.1217) Aged about 56 years, Occ: Head Constable, Kalahasthi, Tirupati District. 3. P. Udayasekhara Reddy, S/o. P. Ramadasu Reddy, (G.No.2521) Aged about 56 years, Occ: Head Constable, O/o. Pakala U/G Police Station, Tirupati District. 4. D. Yobu, S/o. Deva Sahayam, (G.No. 1301) Aged about 59 years, Occ: Head Constable, O/o. Airport Police Station, Tirupati District. 5. B. Shanmuga Sundharam, S/o. B. Dandaiah, (G.No. 1303) Aged about 56 years, Occ: Head Constable, O/o. Command Control (PCR), Tirupati District. 6. K. Jaffar Ali, S/o. K. Hassumayan, (G.No. 1239) Aged about 56 years, Occ: Head Constable, O/o. Traffic Tirupati, Tirupati District. 7. T.L. Venkataratnnam, S/o. T. Dibbaiah, (G.No. 1342) Aged about 59 years, Occ: Head Constable, O/o. Traffic Tirupati, Tirupati District. 8. P. Sankaraiah, S/o. P. Subramanyam, (G.No. 1343) Aged about 59 years, Occ: Head Constable, O/o. TML l-Town, Tirupati District. O/o. Kalahasthi Rural Police Station
...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P Secretariat Buildings, Velagapudi, Guntur District. The Director General of Police, Mangalagiri, A.P., Guntur District. The Inspector General of Police, Rayalaseema Region, O/o. The Police Head Quarters, Kurnool, A.P., Kurnool District. The Deputy Inspector General of Police, Ananthapuram Range, Ananthapuram District. The Superintendent of Police, Tirupati District, Tirupati, A.P.,
2. 3. 4. 5. ...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 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 Honble High Court in W.P.No.21172/2014 and batch, Dt. 22.01.2015, in spite of confirming the said Judgment in 7326/2015, dated 23.03.2018 by the Honble Memo.No.20871/Legal.ll/A2/2014, dated 4.11.2015 giving effect to the G.O.Ms.No.212, Home (Legal-ll) Department, dated 06.09.2013 orders of DGP, Dt. 14.12.2015 and Circular Orders of DGP, Dt. 22.10.2016 and recent orders of D.G.P, Dt.
02.12.2024 for granting notional SLP.Nos.7325 and not Government Circular seniority and promotion with effect from 01.01.2014 on whose favour the Superintendent of Police, Kurnool passed orders on 19.12.2019 and orders passed by the Superintendent of Police, Palnadu, dated 12.06.2023 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently declare that the petitioners are entitled for fixation of notional seniority on par with their colleagues with effect from 11.10.2013/01.01.2014 with consequential benefit of promotion to the post of ASI, on par with other colleagues as per the orders Supreme Court of India implementing
passed by the S.P Palnadu, Dt. 12.06.2023 and Circular orders of D.G.P, Dt. 22.10.2016 and recent orders of D.G.P, Dt. 02.12.2024. 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 to direct 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, Palnadu District, passed orders vide C.NO.66/AI/2022/D.O.NO.529/2023, Dt. 12.06.2023, S.P, Kurnool passed orders on 19.12.2019 keeping in view of orders of the Government in Memo.No. 14443/2020, Dt. 04.11.2015 and Circular orders ofDGP, Dt.22.10.2016 and recent orders ofDGP, Dt.02.12.2024 duly considering the representation of the petitioners Dt. 21.07.2025 to the Superintendent of Police, Tirupati, Tirupati District., pending disposal of the Writ petition before this Hon’ble court. Counsel for the Petitioners: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order:
APHC010434432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22744 OF 2025 Between: A Chinni Krishnama Naidu and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitloner(S):
1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):
1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S)
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22744 OF 2025
ORDER:- The present Writ Petition is filed questioning the action of the Respondents in not implementing the G.O.Ms.No.212, dated 06.09.2013, keeping in view of the Judgment of this Court in W.P.No.21172 of 2014 and batch, dated 22.01.2015 inspite of confirming the same by Hon’ble Apex Court in SLP No.7325 and 7326 of 2015, dated 23.03.2018 for grant of notional seniority and promotion to the Petitioners with effect from 01.01.2014 as illegal and arbitrary.
2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the Petitioners and Sri S. Raju, learned Assistant Government Pleader, Services-I for the Respondents. ,
3. Both the counsel would submit that the matter is squarely covered by an order of this Court dated 09.05.2025, passed in W.P.No.13221 of 2025 and seeks for similar relief.
4. Considering the submissions made, this Writ Petition is disposed of with the following directions: i) The Respondents are directed to consider the representations made by the Petitioners dated 21.07.2025, keeping in view of the
order dated 23.03.2018 in S.L.P.No.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 No. 20871/ Legal.il/A2/2014, dated 04.11.2015 and the Circular Memo issued by the learned DGP, dated 22.10.2016 and 02.12.2024 and pass appropriate orders relating to promotion to the Petitioners as per the seniority and entitlement, within eight (08) weeks from the date of the receipt of a copy of this order. ii) There shall be no order as to costs.
5. As a sequel, miscellaneous applications pending, if any, shall stand closed.
6. Registry is directed to annex the copy of the Order dated 09.05.2025 passed in W.P.No.13221 of 2025 along with this order.
Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// 0^ SECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Guntur District.
2. The Director General of Police, Mangalagiri, A.P., Guntur District.
3. The Inspector General of Police, Rayalaseema Region, O/o. The Police Head Quarters, Kurnool, A.P., Kurnool District.
4. The Deputy Inspector General of Police, Ananthapuram Range, Ananthapuram District.
5. The Superintendent of Police, Tirupati District, Tirupati, A.P.,
6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC]
7. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT]
8. Two CD Copies (Along with copy of the order dated.09.05.2025 in W.P. No.13221 of 2025 enclosed herewith)* Cnr
HIGH COURT DATED;01/09/2025
ORDER WP NO. 22744 OF 2025 as; 5( 1 ) SEP 2025 \vCurrent SectiwiX^^ Co DISPOSING OF THE W.P.
WITHOUT COSTS
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: K Kothandaramaiah ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 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 SLP Nos.7325-7326/2015 dated 23.3.2018 by the Hon’ble Supreme Court of India and not implementing No.20871/Legal.II/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 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 on
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 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.
4.
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
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.
5. The Government issued circular memo No.20871/Legal.ll/A2/ 2014, dated 04.11.2015 and directed the learned DGP to take necessary action. In turn, the learned DGP issued a memo directing ail 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. 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 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) names
r. Department, dated 06.09.2013 and the circular orders dated 02.12.2024 issued by DGP.
7. The Superintendent of Police, Palnadu District, also implemented the notional seniority in respect of 24 Head Constables, who were converted from per G.O.Ms.No.212 Home (Legal-ll) Department, dated AR to Civil, as
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. Learned Assistant Government Pleader for Services would submit that
9. 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
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.
JUSTICE CHALLA GUNARANJAN Date: 09^^ May, 2025 RK5