/ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (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: 29951 OF 2024 BETWEEN: 1). Dasari Narasimha Rao, S/o.Venkateswarlu Age 59 years, Working as Head Constable, G.R.R, P.S., Palnadu District. \ 2). Borra Venkateswara Rao, S/o. B.G. Ankaiah Age 56 years. Working as Head Constable, Dachepalli P.S., Palnadu District. 3). Shaik Shamshuddin, S/o. Suleman, Age 58 years. Working as Head Constable, Kothapet P.S., Gunturu District. 4). Chebrolu Pulla Rao, S/o.Rajagopala Rao, Age 57 years. Working as Head Constable, West Traffic P.S., Guntur District. 5). Mallela Vara Kumar, S/o.Sambasiva Rao, Age 55 years. Working as Head Constable, DSB P.S., Guntur District. 6). Attia Samba Siva Rao, S/o. Krishnaiah, Age 57 years. Working as Head Constable, Lalapet P.S., Gunturu District. 7). Sk.Baji S/o. Saida, Age 55 years. Working as Head Constable, Durgi P.S., Palnadu District. 8). Meka Satyanarayana S/o.Venkateswarlu, Age 58 years. Working as Head Constable, G.R.P (Guntur) P.S., Guntur District. 9). TotakuraAtchaiah S/o.Chalamaiah, Age 56 years. Working as Head Constable, C.C.S., P.S., Palnadu allotted to Guntur District. p r' 10). Jammula Venkateswara Rao S/o.Bapaiah, Age 56 years, Working as Head Constable, Thulluru RS, Palnadu allotted to Guntur District. 11). Muppirisetty Sankar Rao S/o.Kotaiah, Age 59 years. Working as Head Constable, C.C.S., P.S., Thulluru, Guntur District. 12). Koppula Peda Venkateswarlu, S/o. Venkata Narsu Age 55 years. Working as Head Constable, C.C.S., PS., Palnadu. 13). Pragada Satyanarayana Murthy, S/o.Yanadi, Age 57 years. Working as Head Constable, GRP (Tenali) P.S., Palnadu. 14). Gandham Venkata Subba Rao, S/o. Bhaskara Rao Age 55 years. Working as Head Constable, EastTraffic P.S., Guntur. 15). Dasari Jaya Rao, S/o.Venkateswarlu, Age 57 years. Working as Head Constable, Amaravati, Palnadu Unit. 16). Maraka Srinivasa Rao, S/o.Muthyal Age 55 years. Working as Head Constable SattenapalliRural, Palnadu Unit. 17). Y.Srinivasa Rao, S/o.Venkateswarlu, Age 56 years. Working as Head Constable, Narasaraopet Traffic, Palnadu Unit. 18). Syed Abdul Munaf, S/o. Kareem, Age 57 years. Working as Head Constable, Old Guntur, Guntur. 19). Tammu Poll Raju, S/o. Subba Rao, Age 56 years. Working as Head Constable, Amaravati, Palnadu Unit. u "T -5- 20). Vuyyala Veera Vasantha Rao, S/o. Nagaiah, Age 55 years, Working as Head Constable, EastTraffic P.S., Palnadu allotted to Guntur Unit. 21). ThalathotiNeelambaram, S/o. Bhaskara Rao Age 54 years. Working as Head Constable, SattenapalliTown, Palnadu Unit. 22). KVN Malleshwara Rao, S/o. Venkateswara Rao, Age 54 years. Working as Head Constable, Dachepalli PS., Palnadu District. 23). Thulluru Prasada Rao, S/o. Ananda Rao, Age 55 years. Working as Head Constable, Vemuru PS., allotted to Palnadu. 24). Melimi Durga Rao, S/o.Barhmaiah, Age 56 years. Working as Head Constable, Nadendia PS., Palnadu. 25). Batta Venkata Koteswara Rao, S/o.Sambaiah Age 55 years. Working as Head Constable, Arandalpet PS., Guntur. 26).Yarramsetti Murali, S/o.Venkatramaiah, Age 58 years. Working as Head Constable, Narasaraopet-1 PS., Palnadu. 27). Shaik Tajuddin, S/oChinna Mastan, Age 55 years, Working as Head Constable, East Traffic, Guntur. 28).BanavathVenkateswarlu, S/o Servan Naik, Age 55 years. Working as Head Constable, Atchampet PS, Palnadu. 29). Shaik Sharfuddin, S/o Peda John Saheb, Age 55 years. Working as Head Constable, DSB PS, Palnadu. 30). Gade Ram Prasad, S/o Veeraiah, Age 54 years. Working as Head Constable, Amaravati PS, PalnaduUnit.. ^6^ 31).Mahamkali Srinivasa Rao, S/oGantaiah Age 55 years, Working as Head Constable Amaravati PS, PalnaduUnit.. 32)Chebrolu Ananda Babu, S/oAseerwada Age 55 years. Working as Head Constable Pedakurapadu PS, Palnadu Unit. 33)BorruSambasiva Rao, S/o Naraya Age 55 years. Working as Head Constable DSB PS, Guntur Unit. 34)MotupalliVenkateswarlu, S/o Subba Rao Age 55 years. Working as Head Constable ’ Narasaraopet Traffic, P.S., Palnadu Unit. 35) Talla Venkata Raju, S/oSaidulu, Age 54 years. Working as Head Constable, Kothapet P.S., Palnadu allotted to Guntur Unit. 36)Borugadda Manikya Rao, S/o Nageswara Rao, Age 57 years. Working as Head Constable, Kothapet P.S., Palnadu Unit. 37)Chintapally Srinivasarao, S/o John, Age 58 years. Working as Head Constable, Chirala Rural P.S., Palnadu allotted to Bapatia Unit. 38)Morca Srinivasa Rao, S/oNagendram, Age 55 years. Working as Head Constable West Traffic P.S., Guntur Unit. 39). Elika venkaiah S/o Dasaiah, Age 57 years. Working as Head Constable Muppalla PS of Palnadu District 40 Ravuri Venkata Siva Reddaiah S/o Subbarao, Age 61 years Working as Head Constable, PS Bhattiprolu of Bapatia District' m. na ....Petitioners AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Department of Home Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Director General of Police Mangalagiri, Andhra Pradesh. Guntur District. The Superintendent of Police, Palnadu, Palnadu District, Andhra Pradesh. The Superintendent of Police, Guntur, Guntur District, Andhra Pradesh. 2. 3. 4. ...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 action of the Respondents in not implementing the issued in G O.Ms.No.212 Home (Legal-ll) Government Orders Department, dated 06-09-2013, keeping in view of the judgment of the Hon'ble Court in W.P.No.21172/2014 and Batch, dated 22-01-2015, in spite of confirming the said judgment in SLR Nos.7325-7326/2015 dated 23-03-2018, by the Hon'ble Supreme Court of India and not implementing Government Circular Memo.No.20871/Legal.II/A2/ 2014, dated 04-11-2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) Department, dated 06-09- 2013 orders of DGR, dated 14-12-2015 and Circular Orders of DGP, dated 22-10-2016 for granting Notional Seniority and promotion with effect from 01-01-2014 on par with our colleagues on whose favour the S.R, Kurnool passed orders on 19-12-2019 and S.P, Palnadu, dated 12-06-2023, based on the orders of the Hon'ble High Court in 14443/2020, dated 03-08-2022 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 01-01-2014 with consequential benefit of promotion to the post of ASL, on par with their colleagues as per the orders passed by the S.P, Palnadu, dated 12-06-2013. lA 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 issue an Interim order, directing the Respondents forthwith consider the cases of the petitioners herein for to granting notional seniority on par with the persons on whose favour the S.P,, Palnadu District, orders in C.No.66/A1/2022/ D.O.No.529/ 2023 dated passed 12-06-2023, keeping in view of the orders of the Hon’ble High 03-08-2022, pending disposal of the Writ Court in 14443/2020, dated Petition. Counsel for the Petitioners: SRI P V RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER APHC010575142024 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: 29951/2024 Between; 1. DASARI NARASIMHA RAO, S/O.VENKATESWARLU AGE 59 YEARS, WORKING AS HEAD CONSTABLE, G.R.P., PS., PALNADU DISTRICT. 2. BORRA VENKATESWARA RAO,, S/0. B.G. ANKAIAH AGE 56 YEARS. WORKING AS HEAD CONSTABLE, DACHEPALLI PS., PALNADU DISTRICT. 3. SHAIK SHAMSHUDDIN,, S/0. SULEMAN AGE 58 YEARS. WORKING AS HEAD CONSTABLE KOTHAPET PS., GUNTURU DISTRICT. 4. CHEBROLU PULLA RAO,, S/O.RAJAGOPALA RAO AGE 57 YEARS. WORKING AS HEAD CONSTABLE, WEST TRAFFIC PS., GUNTUR DISTRICT. 5. MALLELA VARA KUMAR,, S/O.SAMBASIVA RAO, AGE 55 YEARS. WORKING AS HEAD CONSTABLE, DSB PS., GUNTUR DISTRICT. 6. ATTLA SAMBA SIVA RAO,, S/0. KRISHNAIAH, AGE 57 YEARS. WORKING AS HEAD CONSTABLE LALAPET PS., GUNTURU DISTRICT. 7. SK.BAJI, S/0. SAIDA, AGE 55 YEARS. WORKING AS HEAD CONSTABLE DURGI PS., PALNADU DISTRICT.. 8. MEKA SATYANARAYANA, S/O.VENKATESWARLU, AGE 58 YEARS. WORKING AS HEAD CONSTABLE, G.R.P (GUNTUR) PS., 2 <(d} GUNTUR DISTRICT. 9. TOTAKURAATCHAIAH, S/O.CHALAMAIAH WORKING AS HEAD CONSTABLE ALLOTTED TO GUNTUR DISTRICT. AGE 56 YEARS. C.C.S., PS., PALNADU 10.JAMMULA VENKATESWARA RAO, S/O.BAPAIAH, AGE 56 YEARS, THULIURU RS, PAINADU WORKING AS HEAD CONSTABLE ALLOTTED TO GUNTUR DISTRICT 11.. MUPPIRISETTY SANKAR RAO, S/O.KOTAIAH, AGE 59 YEARS. WORKING AS HEAD CONSTABLE, C.C.S., P.S., THULIURU, GUNTUR DISTRICT. 12.. KOPPULA PEDA VENKATESWARLU,, S/0. VENKATA NARSU AGE 55 YEARS. WORKING AS HEAD CONSTABLE, C.C.S., PS., PAINADU. 13.PRAGADA SATYANARAYANA MURTHY,, S/O.YANADI YEARS. WORKING AS HEAD CONSTABLE, PAINADU. AGE 57 GRP (TENALI) PS., 14.PRAGADA SATYANARAYANA MURTHY, S/O.YANADI, YEARS. WORKING AS HEAD CONSTABLE, PAINADU. AGE 57 GRP (TENALI) PS., 15.GANDHAM VENKATA SUBBA RAO, S/0. BHASKARA RAO, AGE 55 YEARS. WORKING AS HEAD CONSTABLE, EASTTRAFFIC PS., GUNTUR. 16.DASARI JAYA RAO, S/O.VENKATESWARLU, AGE 57 YEARS, WORKING AS HEAD CONSTABLE AMARAVATI, PAINADU UNIT. 17.MARAKA SRINIVASA RAO, S/O.MUTHYALU, AGE 55 YEARS, WORKING AS HEAD CONSTABLE, SATTENAPALLIRURAL, PAINADU UNIT. 18.Y.SRINIVASA RAO, S/O.VENKATESWARLU, AGE 56 YEARS. WORKING AS HEAD CONSTABLE NARASARAOPET TRAFFIC, PAINADU UNIT. 19.SYED ABDUL MUNAF, S/0. KAREEM, AGE 57 YEARS. WORKING AS HEAD CONSTABLE, OLD GUNTUR, GUNTUR. 20.TAMMU POLL RAJU, S/0. SUBBA RAO, AGE 56 YEARS. 3 WORKING AS HEAD CONSTABLE AMARAVATI, PAINADU UNIT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, DEPARTMENT OF HOME SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ITS PRINCIPAL 2.THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA PRADESH. GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, PALNADU, PALNADU DISTRICT, ANDHRA PRADESH. 4.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 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 issued in G.O.Ms.No.212 Home (Legal-ll)Gove rnment Orders 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 SLR Nos.7325-7326/2015 dated 23-3-2018, by the Hon'ble Supreme Court of India and not implementing Government Circular Memo.No.20871/Legal.II/A2/ 2014, dated 4-11- 2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) Department, dated DGR, dated 14-12-2015 and Circular Orders of DGR, dated 22-10-2016 for granting Notional Seniority and promotion with effect from 1-1-2014 on par with our colleagues on whose favour the S.R, Kurnool passed orders on 19- 12-2019 and S.R, Ralnadu, dated 12-6-2023, based on the orders of the Hon’ble High Court in 14443/2020, dated 3-8-2022 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 1-1-2014 with consequential benefit of promotion to the post of ASL, on par with their colleagues as per the orders passed by the S.R, Ralnadu, dated 12-6-2013 and to pass 6-9-2013 orders of 4 lA NO: 1 OF 2024 i 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 issue an Interim order, directing the Respondents forthwith to consider the cases of the petitioners herein for granting notional seniority on par with the persons on whose favour the S.P. C.NO.66/A1/2022/ D.O.No.529/ 2023 dated 12-6-2023, keeping in view of the orders of the Hon’ble High Court in 14443/2020, dated 3-8-2022, pending disposal of the Writ Petitionand to pass Counsel for the Petitioner(S): 1.P VRAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: Palnadu' District, passed orders in :: 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 4. The above writ petition is filed to declare the action of the respondents 3 and 4 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 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. memo 3. Learned counsel for the petitioner would submit that all the petitioners were appointed as A.R. Constable. They were converted as Constable in Civil ^ixDctober 2010. The petitioners are eligible for promotion to the post of Head 5 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 (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. 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. 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. 5. 6 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. 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.15). 6. 7. Since the petitioners' cases were not considered, the petitioners made representation dated 19.12.2024 furnishing all details to respondents 3 and 4. However, there is no response, and hence the above writ petition is filed. Learned Assistant Government Pleader for Services would submit that the respondents 3 and 4 will consider the representation 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. 8. 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 3 and 4 to consider the representation made by the petitioners dated 19.12.2024 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 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 and pass appropriate orders regarding the promotion of the petitioners as per the 9. and also the Government circular memo 7 seniority and entitlement within eight (08) weeks. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SOI- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Home Secretariat Velagapudi, Amaravathi, Guntur District, A.P. 2. The Director General of Police, Mangalagiri, Andhra Pradesh Guntur District. 3. The Superintendent of Police Pradesh. 4. The Superintendent of Police, Guntur, Guntur District, Andhra 5. One CC to Sri P V Ramana Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh. 7. Three CD Copies Buildings, Palnadu, Palnadu District, Andhra Pradesh. [OUT] TF \ HIGH COURT DATED:08/01/2025 N •• ORDER WP.No.29951 of 2024 2 3 JAN 2C25 Current Section PSSPATC'^’*'^' 1^ Co o DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS