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High Court of Andhra Pradesh · body

2025 DAILYLAW 58110 (AP)

N.Suresh Kumar, v. The state of Andhra Pradesh,

WP/29098/2025 · 2025-10-23

Subba Reddy Satti

body2025

Judgment text

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APHC010558812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER p TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29098 OF 2025 Be^/veen: N.Suresh Kumar, S/o N. Subba Rao, Aged 40 years, Occ:Civil Police Constable (No 3395), Indrapalem Police Station, Kakinada, Kakinada District. ...Petitioner AND 1. The state of Andhra Pradesh, Rep by its Principal Secretary Department Secretariat, Velagapudi, Guntur District. 2. The Director General and Inspector General of Police, Andhra Pradesh, Mangalagiri, Guntur District. Home Government of ...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 an appropriate order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the 2 nd respondent in not forwarding my claim to the respondent for issuing necessary conversion orders as illegal, arbitrary and contrary to law and violative Articles 14, 16 and 21 of tine Constitution of India the 2"'^ respondent to forward of and consequently, direct my claim to the respondent for issuing necessary orders, in the interest of justice. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying thal in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 11 w ^ ^ direct the 2"'^ respondent immediately to transmit papers to the 1®* respondent the matter is pending from 14.02.2023, in the interest of justice. *p6unsel for the Petitioner; SRI C SRINIVASA BABA Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following .4 APHC010558812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29098/2025 Between: 1.N.SURESH KUMAR,, S/0 N. SUBBA RAO, AGED 40 YEARS, OCC INDRAPALEM POLICE CIVIL POLICE CONSTABLE (NO 3395), STATION, KAKINADA, KAKINADA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, 2.THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, 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 to issue an appropriate order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the 2nd respondent in not forwarding my claim to the 1st respondent for issuing necessary conversion orders as illegal, arbitrary and contrary to law and violative of Articles 14, 16 and 21 of tine Constitution of India and consequently, direct the 2 respondent to forward my claim to the 1st respondent for issuing necessary orders, in the interest of justice 2 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 to direct the 2nd respondent immediately to transmit papers to the 1st respondent as the matter is pending from 14.02.2023, in the interest of justice Counsel for the Petitioner: 1.C SRINIVASA BABA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the follo\Aring: :: ORDER :: Heard Sri C.Srinivasa Baba, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I, appearing for respondents 1 and 2. The petitioner was appointed as a Civil Police Constable on 04.11.2009. While discharging his duties, the petitioner met with an accident in the year 2015. Since then, he has been suffering from Lumbar Spinal Card i.e., L3-L4, L4-L5, L5-S1, apart from other ailments. The petitioner made a representation dated 05.03.2022 to the concerned authority seeking conversion of his service. Thereafter, the petitioner’s mother made a representation. Acting respondent issued Memo No.1802935/Ser.lll/A1/2022 dated 02.08.2022 (Ex.P2), directing the furnishing of a detailed report. 2. upon the said representation, the 1 3. The Superintendent of Police, Kakinada District, submitted a report vide C.NO.2299/A1/2022 dated 20.01.2023 (Ex.P7) to the 2"^ respondent. In the said report, it was mentioned as follows; “Basing all of the above, the Medical Board opined that, he able to perform light duties like Office work/desk job duties.” can 3 nd 4. Thereafter, the 2 respondent vide Rc.No.348/ME.2/2022 dated 14.02.2023 (Ex.P8), directed the Superintendent of Police, Kakinada District, to furnish certain documents. The Superintendent of Police, Kakinada District, submitted the requisite documents vide C.No.2299/A1/2022 dated 10.03.2023 (EX.P9). Learned counsel for the petitioner would submit that, despite Ex.P9, the 2"^^ respondent has not forwarded the proposal to the Government, and the 1 respondent is the competent authority to decide the issue. 5. St 6. Learned Assistant Government Pleader for Services-I, on instructions, would submit that the 2"'' respondent will forward the petitioner’s request for conversion of the post to the 1®‘ respondent as per the rules. Given the facts and circumstances of the case, without going into 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 learned 2 respondent to forward the petitioner’s request for conversion of the post to the 1®' respondent, as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of copy of the order. Thereafter, the learned 1®‘ respondent shall pass an appropriate order strictly as per the Rules. No order as to costs. 7. nd As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SRI T.SRINIVASA RAO ASSISTANT REGISTRAR ' 4‘ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Secretariat, Velagapudi, Guntur District. 2. The Director General and Inspector General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. One CC to Sri C Srinivasa Baba, Advocate [OPUC] 4. Two CCs to GP for Services - I, High Court of Andhra 5. Two CD Copies Pradesh, Pradesh [OUT] RAM 1ft HIGH COURT DATED:24/10/2025 ORDER WP.NO. 29098 OF 2025 ir 0 <1 NOV 2025 CO *2\ Sectionx''^X DISPOSING OF THE WP WITHOUT COSTS