1 APHC010298352021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19466/2021 Between: 1. SHAIK ABDUL BASHEER, S/O SHAIK MOHIDDIN SAHEB, AGED ABOUT 56 YEARS, OCC. SUB INSPECTOR OF POLICE, ATTACHED TO DISTRICT ARMED RESERVED FORCE, GUNTUR RURAL DISTRICT, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522 503. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE INSPECTOR GENERAL OF POLICE, GUNTUR RANGE, GUNTUR, GUNTUR DISTRICT. ...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 toto issue a Writ, Order or Direction, more particularly one in the nature of .Writ of Mandamus, declaring the action of the respondents, in not considering the claim of the petitioner to the post of Circle Inspector 86 Deputy Superintendent of Police from the date of his colleagues promotion by regularizing the services of the petitioner during the suspension period i.e., from 07.05.2000 to 30.06.2003 as on duty and also continuing the 2 departmental proceedings basing on the charge memo vide C.No.2/PR/2002 dt.09-01-2002 in spite of his acquittal in ACB Case in Crl.A. No.48570 of 2007, dt.31.10.2018 by this Hon'ble Court as illegal, arbitrary and violative of principals of natural justice and opposed to Article 300 of Constitution of India and consequently direct the respondents to promote the petitioner as Circle Inspector and Deputy Superintendent of Police from the date of his colleagues promotion by regularizing the services of the petitioner for the period of suspension from 07.05.2000 to 30.06.2003 as on duty with all consequential benefits arise there from by further directing the respondents not to proceed further basing on the charge memo vide C.No.2/PR/2002 dt.09-01-2002 and pass IA NO: 1 OF 2021 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 for promotion of the petitioner to the post of Circle Inspector without reference to the charges forth with and pass IA NO: 1 OF 2023 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 Pleased to direct the respondents to grant notional promotion as Inspector of Police and Deputy Superintendent of Police from the date of my actual eligibility by taking into account the G.O.Rt.No. 242 Home, dated. 28-02-2023 with all consequential benefits pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BHASKAR PREM KOUSHIK Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER:- Heard Sri Bhaskar Prem Koushik, learned counsel for the petitioner and learned Government Pleader for Services - I, appearing for the respondents. 3 2. Challenging the action of respondents in not regularizing the services of the petitioner with effect from the date of joining of service i.e., 30.07.1991 as S.I. of Police and not treating the suspension period i.e., from 07.05.2000 to 30.06.2003, the instant Writ Petition has been filed. 3. When the matter was taken up for consideration, the learned Assistant Government Pleader for Services-I placed on record a copy of the instructions received in the case. The said instructions reveal that the Government, after careful examination of the matter, has accepted the recommendation of the Director General of Police, Andhra Pradesh, and assigned notional seniority to Sri Sk. Abdul Basheer, Inspector of Police of Guntur Range, in the cadre of Inspector of Police with effect from 01.08.2005. This date corresponds to the date on which his junior, Sri Ch. Srinivasa Rao, was assigned notional seniority in the final integrated seniority list of Inspectors of Police (Civil) of Andhra Pradesh and Telangana States, vide G.O.Ms.No.153, dated 05.10.2018. Accordingly, the petitioner was placed at Sl. No. 2645(A), i.e., above Sl. No. 2646 and below Sl. No. 2645. It is further stated that this orders are subject to the outcome of any pending cases before the Hon’ble Courts and are also subject to the condition that the notional seniority shall be governed by the principle of “no work, no pay” and shall be applicable only for the purpose of seniority and promotion, and not for any other financial benefits. The Director General of Police, Andhra Pradesh, was directed to take further follow-up action in accordance with due procedure as required under the A.P. State and Subordinate Service Rules, 1996. 4 4. Having regard to the same, this Court is of the considered view that relief sought by the writ petitioner has been resolved and no further orders are required to be passed in the present Writ Petition. 5. However, learned counsel for the petitioner contends that all his batch-mates were promoted to the post of Deputy Superintendent of Police (DSP), It was further submitted that having regard to the proceedings pending against the petitioner, his case for promotion to the post of Inspector of Police (IoP) was considered belatedly, with effect from 2005. It was further contended that appropriate directions should be issued to the respondents to consider the case of the petitioner for further promotion. 6. The petitioner is, therefore, granted liberty to submit a representation to the respondents seeking redressal of his grievance, if any. Upon receipt of such representation, the respondents are directed to consider the same and pass appropriate orders, in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. 8. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:31.12.2025 MVK 5 223 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.19466 of 2021 Date:31.12.2025 MVK .