APHC010103192023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY.THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6052 OF 2023 Between: Nagi Reddy, S/o. C. Koti Reddy, Aged about 73 O/o. 2 years, Occ: ARSI ( Retd) nd Battalion APSP, Kurnool, T.S. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Andhra Pradesh. 2. The Director General of Police, Mangalagiri, Andhra Pradesh. 3. The Commandant, 2'"'^ Battalion, Kurnool, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, order may be or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3'" respondent in issuing impugned proceedings in RC No.A1/21/2023 dated. 09-01-2023 as illegal, arbitrary, violation of Principles of natural justice by setting aside the same and consequently direct the respondents to release full pension in the cadre of consequential benefits along with 12percent ARSI from 05-02-2003 with all interest and also to refund the recovered from his pensionary benefits. amounts of Rs.40,800-00 which were lA NO: 1 OF 20?.^ 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 suspend the proceedings in RC No. A1/21/2023 dated 09-01-2023 issued by the 3rd respondent and to reconsider for issuance of provisional pension in the cadre of ARSI, pending disposal of the writ petition. Counsel for the Petitioner: M/s. K. RAJYA LAKSHMI Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES The Court made the following order: I APHC010103192023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6052/2023 Between; 1.NAG1 REDDY, S/0. C. KOTI REDDY, AGED ABOUT. 73 YEARS, OCC.ARSI ( RETD) 0/0. 2ND BATTALION APSP, KURNOOL, T.S. ...PETITIONER AND REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT ANDHRA PRADESH. 2.THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA PRADESH. 3.THE COMMANDANT, 2ND BATTALION, ANDHRA PRADESH. 1.THE STATE OF ANDHRA PRADESH, KURNOOL, ...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 topleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing impugned proceedings in RC No. A1/21/2023 dated. 09-01-2023 as illegal, arbitrary, violation of Principles of natural justice by setting aside the and consequently direct the respondents to release full pension in the cadre of ARSI from 05-02-2003 with all consequential benefits along with 12percent interest and also to refund the same 2 >5 amounts of Rs.40,800-00 which benefits and pass lA NO: 1 OF 20?.^ were recovered from his pensionary Petition under Section ™,ances stated In the aJa^t in suT/ronhe' p^titir and .0 reconsider for issuance of proSi pen^n in ^0^3“ ARSI, pending disposal of the writ petition or to pass lA NO: 1 OF Petition under Section circumstances stated in the affidavit filed i the High Court may be pleased pleased counter affidavit in the above Writ Petition Counsel for the Petitioner: 1.K RAJYA LAKSHMI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 151 CPC praying that in the in support of the petition, to grant leave for filling and to pass HON’BLE SR! JUSTICE NYAPATHY VIJAY W.P.No.6052 of 2023 ORDER: This writ petition is filed questioning the order passed by Respondent No.3 in RC.No.A1/21/2023 dated 09.01.2023 as illegal and arbitrary. 2. The facts leading to the filing of the writ petition are as under: The Petitioner was initially appointed as Constable on 13.03.1972. As the Petitioner was participated in a Dharna he was suspended from service and was reinstated into service upon the order dated 13.08.1989 given by A.P.A.T and was promoted Head Constable on out of seniority basis on 04.06.1991 and after passing promotional test, regular promotion was given on 01.07.1998. He made a representation seeking notional promotion on par with juniors and the same was considered vide G.O.Ms.No.39 as dated 18.02.2000 granting notional seniority with effect from Later, on 05.02.2002, the Petitioner was promoted as ARSI. At that stage, taking note of the punishment imposed against the Petitioner, Government modified the notional seniority vide G.O.Rt.No.1422 Home Services Department dated 07.08.2006 from 26.08.1984. 2 26.08.1984 to 14.01.1985. Questioning the same, Petitioner filed O.A.No.5922 of 2006. 3. Pending the O.A.. Petitioner retired from In the O.A., an interim order was passed granting retirement benefits to the Petitioner in the lower post i.e. Head Constable and the Petitioner is being paid the retirement benefits in the post of Head Constable. service on 30.06.2008. The Petitioner submitted a representation for release of retirement benefits in the cadre of ARSI taking note of the notional promotion as Head Constable, but the said representation was rejected by Respondent No.3. Hence, the present writ petition. 4. In the counter affidavit filed by Respondent No.3 it is stated that O.A.No.5922 of 2006 was pending and pension of the Petitioner was fixed in the lower post i.e. Head Constable and Petitioner has paid the pension accordingly and as long as O.A is pending, the Petitioner cannot be considered for retirement benefits in ARSI as it is not possible to quantify the amount. 5. Heard Sri K.Rajya Lakshmi, learned counsel for the Petitioner, appearing through virtual mode and learned Government Pleader for Services-I. 3 In the present case, Petitioner filed an additional affidavit vide 6. USR.No.69123/2024 accepting the notional date of promotion as Head Constable as 14.01.1985 and seeking to fix pension in the cadre of ARSI with effect from the date of promotion. The relevant paragraph of the affidavit is extracted below: It is submitted that his pension was fixed only in the Cadre of Head Constable as he has challenged the Now the Petitioner is 4. G.O.Rt.No.1422 dated 07.08.2000. accepting the notional date of promotion as Head Constable as 14.01.1985 and seeking to fix the pension in the Cadre of ARSI with effect from the date of promotion. In the light of the affidavit, as the Petitioner has accepted 7. G.O.Rt.No.1422 dated 07.08.2000, the writ petition is disposed of with the following directions: (i) The Respondents are directed to fix the seniority of the Petitioner in the cadre of ARSI within a period of three months from the date of receipt of a copy of this order. (ii) Upon fixation of the date of seniority in the in the cadre of ARSI the Respondents shall release the retirement benefits within a further period of three months thereafter. No order as to costs. As a sequel, miscellaneous applications if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTI OFFICER To, . The Pnnapal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapodi, Amaravati, Guntur, Andhra Pradesh. 2. The Director General of Police, Mangalagiri, Andhra Pradesh 3. The Commandant, 2“ Battalion, Kurnool, Andhra Pradesh. 4. One CC to M/s. K. Rajya Lakshmi, Advocate [OPUC] 5. Two CCS to GP for Semces-1, High Court of Andhra Pradesh [OUT! 6. Two CD Copies. ssb ; ' HIGH COURT DATED:17/09/2025 ORDER WP No. 6052 OF 2023 ^ 13 OCT 2025 , € o\ Sectioitx^y DISPOSING OF THE W.P. WITHOUT COSTS