APHC010343702021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22197/2021 Between: 1. A.SATYANARAYANA, SON OF A. KONDAYYA, AGED ABOUT 53 YEARS, OCC HEAD CONSTABLE (907), 0/O. SABBAVARAM POLICE STATION, VISAKHAPATNAM DISTRICT, A.P 2. V.GOVINDA RAO,, SON OF SOMI NAIDU, AGED ABOUT 52 YEARS, OCC HEAD CONSTABLE (853), 0/O. CHEEDIKADA POLICE STATION, VISAKHAPATNAM DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM 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 tobe pleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in rejecting the objections filed for the Provisional Seniority List vide L.Dis.N6.376/A1/2021-2 dated 03.2021, as illegal, arbitrary, violative of principles of natural justice, discrimination and contrary to the Judgment of the Honourable Apex Court in SLP (C) No.7325-7326 of 2015 dated 23.03.2018 and consequently direct the 3rd respondent to assign notional seniority in the 2 cadre of Head Constable (Civil) from the date of eligibility with all consequential benefits by setting-a-side the impugned Memo issued vide L.Dis.No.376/A1/2021-2 dated .03.2021 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 pleased to direct the 3rd respondent to reconsider the :: 2 :: objections by taking into account the proceedings issued vide C.No.A1/7904/2013-18 dated 30.04.2019 by the Superintendent of Police, Kurnool by suspending the operation of the Proceedings L.Dis.No.376/A1/2021-2. dated .03.2021 issued by the 3rd respondent, pending disposal of the above Writ Petition; and pass Counsel for the Petitioner(S): 1. K RAJYA LAKSHMI Counsel for the Respondent(S): 1. GP FOR SERVICES I (AP) The Court made the following: ORDER:- Heard Ms. K.Rajya Lakshmi, learned counsel for the petitioners and learned Government Pleader for Services I. 2. The challenge in the writ petition is to the proceedings of the 3rd respondent in rejecting the objections filed by the petitioners to the Provisional Seniority List dated March, 2021. 3. It is contended that the petitioners were appointed as A.R. Constables in the year 1989. After 21 years of their service as such, the petitioners have opted for entry into Civil Police in the year 2010. The next promotion would be the Head Constable (Civil). The criteria for seeking such promotion would be five (5) years of service as Constable in the Civil category. By virtue of an amendment made to Andhra Pradesh Police (Civil) 3 Subordinate Service Rules, 1999 vide G.O.Ms.No.212 dated 06.09.2013, the eligibility criteria was reduced from five (5) years to three (3) years. Therefore, the petitioners became eligible for such promotion in the year 2013 itself. Although there are number of vacancies, the petitioners were never considered for promotion. A batch of O.A’s., have been filed before the Andhra Pradesh Administrative Tribunal challenging the said G.O.Ms.No.212 dated 06.09.2013 in O.A.No.7132 of 2013 and batch dated 30.01.2014. The Andhra Pradesh Administrative Tribunal set aside the G.O. as unconstitutional. Challenging the same, the A.R.Constables who have been converted as P.C. (Civil) have filed a batch of writ petitions before this Court in W.P.No.21172 of 2014 dated 22.01.2015. The said writ petitions were allowed holding that the Police Constables who were converted into Constables (Civil) are eligible for promotion as Head Constables (Civil) after completion of three (3) years. It is stated that the said decision of the Division Bench has become final. The 2nd respondent vide Memo dated 14.12.2015 directed the Unit Officers to send the list of P.C. (Civil) those who are eligible for promotion to the rank of Head Constable (Civil) in the light of G.O.Ms.No.212 dated 06.09.2013. However, the petitioners were granted promotion in the year 2018, although they were eligible for promotion in 2013. It is contended that in respect of other districts namely Viz., Kurnool, the notional seniority list was prepared in 2015 to those persons, who became eligible for promotion in 2013. However, it is argued by learned counsel that the 3rd respondent has 4 issued Provisional Seniority List in respect of Visakhapatnam only on 05.01.2021 to which the petitioners filed their objections. However, the same was rejected. Challenging the same, the instant writ petition is filed. 4. It is stated by learned counsel appearing for both the petitioners and the respondents that the issue raised in the instant writ petition is covered by the decision of this Court in W.P.14443 of 2020 and against which appeal was filed by the effected parties after taking leave of the Court to file an appeal. It is stated that the Division Bench of this Court vide order dated 15.02.2024 in W.A.No.664 of 2023 grated liberty to the appellants therein to seek review of the order in W.P.No.14443 of 2020 in as much as the issue argued by learned counsel for the petitioners was not argued before the learned Single Judge during the course of arguments in W.P.No.14443 of 2020. 5. Having regard to the contentions advanced, this Court is of the view to dispose of the writ petition in terms of W.P.No.14443 of 2020. The order impugned is set aside directing the 3rd respondent to pass orders afresh on the objections raised by the petitioners, which would be subject to orders that may be passed in the above referred review petition. 6. With the above observations, the writ petition is disposed of. There shall be no order as to costs. 5 As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:29.08.2025 ANI 6 64 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.22197 of 2021 Date:29.08.2025 ANI