APHC010056292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3531/2025 Between: Gidda Jyothi Babu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.P V RAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: “…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 2 CGR, J W.P. NO.3531 of 2025 Government Orders, issued in G.O.Ms.No.212 Home (Legal-II) 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 Government Circular Memo. No. 20871/ Legal.II/A2/2014, dated 4-11- 2015 giving effect to G.O.Ms.No.212 Home (Legal-II) 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 D.G.P. 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 on 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 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 D.G.P. dated. 02.12.2024, pass such other order or orders.…” 2. Heard Sri A. Kishore Kumar, learned counsel for the petitioners and learned Government Pleader for Services-I for respondents. 3 CGR, J W.P. NO.3531 of 2025 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-II) 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.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, granting notional seniority and promotion w.e.f. 01.01.2014. 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 years 2010 and 2011. The petitioners are eligible for promotion to the post of Head Constable by 2013 and 2014 and latest by 01.01.2014, 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-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 4 CGR, J W.P. NO.3531 of 2025 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-II) Department, dated 06.09.2013. The Government issued G.O.Ms.No.157, Home (Legal-II) Department, dated 15.11.2014 cancelling G.O.Ms.No.212 Home (Legal-II) 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-II) Department, dated 02.04.2015 cancelling G.O.Ms.No.157 Home (Legal-II) Department, dated 15.11.2014. 5. 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 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-II) 5 CGR, J W.P. NO.3531 of 2025 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/DIsGP, 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 16.10.2013/01.01.2014, and are qualified and eligible for promotion to the post of Head Constable (Civil). Though the petitioners are eligible, their names 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-II) Department, dated 06.09.2013 and the circular orders issued by DGP. 6 CGR, J W.P. NO.3531 of 2025 7. The Superintendant 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-II) Department, dated 06.09.2013. 8. Since the petitioners' cases were not considered, the petitioners made representations dated 25.01.2025, 06.12.2024 and 01.02.2025, furnishing all details to respondents 2 to 5. However, there is no response, and hence the above writ petition is filed. 9. Learned Assistant Government Pleader for Services would submit that 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 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 7 CGR, J W.P. NO.3531 of 2025 counsel, directing the respondents 4 and 5 to consider the representations made by the petitioners’ dated 25.01.2025, 06.12.2024 and 01.02.2025, 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, and pass appropriate orders regarding the promotion of the petitioners as per the seniority and entitlement, within eight weeks. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ CHALLA GUNARANJAN, J 12.03.2025 SS