IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL (Special Original Jurisdiction) WEDNESDAY. THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5453 OF 2Q2fi Between: 1. Mota Venkateswarlu, S/o. late Ramaiah, Head Constable, Aged about 56 years, R/o. Sivaprasad Colony, 3'“ Lane, Ongole, Andhra Pradesh. Kommanaboina Nageswara Rao, S/o. Basavaiah, Head Constable, Aged about years, R/o. H. No.7-230/23/1, Revenue Colony, 2"'^ Lane, Ongole, Andhra Pradesh. Sd. Anwar Basha, S/o.Basha, aged about 55 years. Head Constable, Amaravati Nagar, Ongole, Andhra Pradesh. V.V.Ravi Raj, S/o. Ramaraj, aged about 55 years, R/o. Subbaiah Colony, M.M. Road, Ongole, Andhra Pradesh. V. Hanumanthu Rao, S/o. Subbaih, aged about 55 years. Head Constable, R/o. Housing Board Colony, Ongole, Andhra Pradesh. Kakepalli Narendra Rao, S/o. Venkateswarlu, aged about 56 years,HeadConstable, R/o. Chimakurthi,Praksam District,Andhra Pradesh. G. Srinivasuiu, S/o. Sanyasi Rao, aged about 52 years. Head Constable, Papa Colony, 2"'^ Lane, Ongole, Andhra Pradesh. Batta Aulaiah, S/o. Nadipi Rajaiah, aged about 51 years. Head Constable, R/o. Markapurarh, Prakasham District, Andhra Pradesh. Ch. Venkata Rao, S/o. Subba Rao, aged about 52 years. Head Constable, Amakammapalem, Ongole, Andhra Pradesh. Kolakaluni Vadyadhara Chakravarthy Babu, S/o. Banyas, Aged; 56 years, R/o Mangamoor Road, Ongole, Andhra Pradesh. 2. 3. 4. 5. 6. 7. 8. 9. 10. 19 M.D. Khasim, S/o Vahab, Aged; 53 years, Presently Working in Vetapalam P.S, Bapatla District, Andhra Pradesh. Kommanaboina Pitchaiah, S/o Kotaiah, Aged; 53 years, presently working in Chirala Rural P.S, Bapatla District, Andhra Pradesh. P. Narasimha Rao, S/o Lakshmaiah, Aged; 55 years, presently working in Chirala Two Town P.S, Bapatla District, Andhra Pradesh. Chintha Hanumantha Rao, S/o Paramanandam, Aged; 56 years, presently working as Santha Magulur P.S, R/o Bethapudi Village, Phirangipuram Mandal, Andhra Pradesh. Gudipudi Malyadri, S/o Koteswara Rao, Aged; 60 years, presently working in Maddipadu P.S Puli Venkata Reddy Colony, Ongole, Andhra Pradesh. Punini Uma Mahesh, S/o Srinivasulu, Aged; 52 years, presently working in Ongole 11 Town P.s, R/o Mangamoor Raod, Ongole, Andhra Pradesh. M. Seetaramanjaneyulu, S/o Ramakoteswara Aged; 56 years, presently working in Ballikurava P.S, Bapatla District, Andhra Pradesh. Vidudala Srinivasa Rao, S/o Sambaiah, Aged; 58 years, presently working in Ballikurava P.S, R/o Brahmam Gari Veedhi, Purushotham Patnam, Chilakaluripet, Palnadu District, Andhra Pradesh. Nidamanuri Srinivasa Rao, S/o kondaiah. Aged; 54 years, presently working in Lingasamudram P.b, R/o Kotha Kummari Palem, Machavaram Raod, Kandukur. V. Srinivasa Rao, S/o Venkateshlu, Aged; 56 years, presently working in Padili P.S, R/o Gopalnagar 2"'^ Lane, Ongole, Andhra Pradesh. Vallabhareddy Masthan Reddy, S/o Musala Reddy, Aged; 53 years, presently working in Chinnaganjam P.S, R/o Nirmal Nagar, Ongole, Andhra Pradesh. 11. 12. 13. 14. 15. R/o 16. 17. 18. 19. 20. 21. 20 Aged: 53 years, presently working in Chinnaganjam RS, R/o Nirmal Nagar, Ongole, Andhra Pradesh. Bitragunta Venkata Bala Murali, S/o Venkateswarlu, Aged; 51 years, presently working in Singarayakonda RS, R/o Revenue Colony, Kandukur, Andhra Pradesh. Uppu Subbarao, Aged; 59 years. Presently working in Taluka RS, Ongole, Andhra Pradesh. B.V. Sudhakar, S/o Ayyappa, Aged: 57 years, presently working in Singarayakonda RS, Andhra Pradesh. 22. 23. 24. K. Sudhakara Rao, S/o Kodaiah, Aged: 56 years, presently working in Kanigiri RS, R/o Ramnagar R* lane, Ongole, Andhra Pradesh. 25. ...PETITIONERS AND The State of Andhra Pradesh, rep. by its Principal Secretary to Government Home Department, A.P.Secretariat, Velagapudi, Amaravathi, Gunturu District. The Director General Police Mangalagiri, A.R, Guntur District The Inspector General of Police Coastal Range, Guntur District. The Superintendent of Police, Erstwhile Prakasam District, Prakasam. The Superintendent of Police, Bapatia District, Bapatla. ...RESPONDENTS 1. 2. 3. 4. 5. m 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 a WRIT OF MANDAMUS, declaring the action of the 4 th Respondent in failing to consider representation dated 11.02.2025 of the Petitioners for promotion by following the seniority lists C.No.232/A1/2025, dated 07.02.2025 and Vide C.NO.232/A1/2024 dated 21.01.2025 taking into account the relevant rules as per the G.O.Ms. No. 374, dated 14.12.1999 and GO.Ms.No.212, Home(legal) Department, dated 06.09.2013, DGP Memo Rc.No.674/E3/2016 dated.22.10.2016, GO.Ms.No.38 Home Department dated 02.04.2015, and the Orders of the Apex Court vide order dt.23.03.2018 in SLP.Nos.7325 and 7326 of 2015 confirming the judgment in W.P.No.21172/2014 and batch dated 22.01.2015 and also the Government Circular memo No.20871/Legal.II/A2/2014, Dt. 04.11.2015, and as being illegal, arbitrary discriminatory and violative of Articles 14,16 and 21 of the Constitution of India and Consequently direct the 4th Respondent to consider the case of the Petitioner and promote them as per the seniority list with all consequential benefits. 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 4**^ Respondent herein to consider the Representation submitted by the Petitioners dated 11.02.2025. Counsel for the Petitioner: SRI N.ASHWANI KUMAR Counsel for the Respondents: GP FOR SERVICES-II The Court made the following: ORDER APHC010101492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS i-B [3506] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5453/2025 Between: Mota Venkateswarlu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. NASHWAN I KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following order: ...RESPONDENT(S) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: to declare the action of the 4“^ Respondent in failing to consider representation dated 11.02.2025 of the Petitioners for promotion by following the seniority lists C.NO.232/A1/2025, dated 07.02.2025 C.NO.232/A1/2024 and Vide dated 21.01.2025 taking into i 2 CGR, J W.P. No.5453 of 2025 account the relevant rules as per the G.O.Ms.No.374, dated 14.12.1999 and G.O.Ms.No.212, Home(legal) Department, dated 06.09.2013, DGP Memo Rc.No.674/E3/2016, dated 22.10.2016, G.O.Ms.No.38, Home Department, dated 02.04.2015, and the Orders of the Apex Court vide order dt.23.03.2018 in SLP.Nos. 7325 and 7326 of 2015 confirming the judgment in W.P. No.21172/2014 and batch, dated 22.01.2015 and also the Government Circular memo No.20871/Legal.ll/ A2/2014, Dt.04.11.2015 and as being illegal, arbitrary discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and Consequently direct the 4‘^ Respondent to consider the case of the Petitioner and promote them as per the seniority list with all consequential benefits and pass necessary orders.” 2. Heard Sri N.Ashwani Kumar, petitioners and learned Assistant Government Pleader for the respondents. learned counsel for Petitioners are all appointed as Civil Constables and later, promoted as Head Constables. They are due for promotion ASIs. The 4‘'' respondent by memo dated 07.02.2025 circulated provisional seniority list of HCs/ASIs (Civil) for the year 2025 and invited objections of stakeholders. Petitioners submitted letter dated 11.02.2025 ventilating their concerns with regard to the 3. as 3 CGR, J W.P. No.5453 of 2025 provisional seniority list. In the said objections, the petitioners have also referred to the order passed by this Court No.31324 of 2024, wherein, this Court has directed the respondents therein to consider the representation of petitioners therein who in W.P. were all claiming notional seniority and appropriate orders for the pass purpose of considering their promotions. 4. Learned counsel for petitioners submit that in view of the aforesaid judgment as the respondents would determine the seniority of petitioners therein considering the representation made, which in a way would affect inter se seniority of the petitioners, they have already submitted objections 11.02.2025, unless the same is considered before finalizing the final seniority, they would be deprived of promotions. f \. on 5. Having regard to the nature of the prayer and considering the submissions- made by the learned counsel for petitioners, without going into the merits of the matter, this Court is of the considered opinion that it would suffice to direct the 4**^ respondent to consider the objections of petitioners as submitted on 11.02.2025 before finalizing the final seniority list. 4 CGR, J W.P. No.5453 of 2025 Accordingly, this writ petition is disposed of with a direction to the 4**^ respondent to consider the objections of the petitioners as submitted on 11.02.2025 before finalizing the final seniority list. No costs. 6. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ' SECTION OFFICER To. 1. The Principal Secretary to Government Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Gunturu District. The Director General Police, Mangalagiri, A.P., Guntur District. The Inspector General of Police Coastal Range, Guntur District. The Superintendent of Police, Prakasam District, Prakasam The Superintendent of Police, Bapatia District, Bapatia One CC to Sri N.Ashwani Kumar, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. 8. gi HIGH COURT DATED:05/03/2025 ORDER 10 MAR 2C:3 WP.No.5453 of 2025 . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS