Venkilikaluva Venkata Sreenivasulu v. The State of Andhra Pradesh,
WP/5587/2025 · 2025-03-06
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9952 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9952 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5587 OF 2025 BETWEEN:
1. Venkilikaluva Venkata Sreenivasulu G. Number: 974, S/o. Venkata Subbaiah, aged about 55 Occ. Working as Head Constable, Traffic P.S., Ananthpuram, Ananthapuram District, A.P. years. 2. Ragula Nagasubbaiah G. Number: 999, S/o. Chinna Basavaiah, aged about 55 Occ: Working as Head Constable, Kothacheruvu P.S., Puttaparthy, Sri Sathya Sai District (Present), Ananthapuram District (Old), A.P. years. 3. Sjaik Mohammed Zabiullah, G. Number:672, S/o. Abdul Azeez, aged about 55 years, Occ. Working as Head Constable, Kundurpi P.S., Kundurpi (M), Ananthapuram District. 4. Shaik Mahaboob, G. Number: 1727, S/o. Ameer Saheb, aged about 57 Occ. Working as Head Constable, O/o. Intelligence Dept. Ananthpuram, Ananthapuram District, A.P. years. 5. Uppara Laxminarayana, G. Number: 1874, S/o. Chinna Narayana, aged about 58 Occ. Working as Head Constable, Peddavadugur P.S., Peddavadlicrnr /'M'l AnantU years. A D otAiit-n
6. Mendubaig Naveen Basha, G. Number: 1891, S/o. Abdul Saheeb, aged about 55 years, Occ. Working as Head Constable, B. K. Samudram P.S., B. K. Samudram (M), Ananthapuram District, A.P. V Pachi Ramakrishna, G. Number: 1957 S/o. Yellappa, aged about 59 years, Occ. Working as Head Constable, Brahmasamudram P.S., Brahmasamudram (M), Ananthapuram District, A.P.
7. 8. Karur Kariyappa, G. Number: 1930, S/o. Yerrappa, aged about 57 years, Occ. Working as Head Constable, Vidapanakal P.S., Vidapanakal (M), Ananthapuram District, A.P.
9. Namala Nagaraju, G. Number: 2182, S/o. Subbanna, aged about 56 years, Occ. Working as Head Constable, II Town P.S., Ananthapuram, Ananthapuram District, A.P.
10. Gudipati Ramakrishna, G. Number: 385, S/o. Hanumanthu, aged about 54 years, Occ. Working as Head Constable, Kasapuram P.S., Guntakal, Ananthapuram District, A.P.
11. Gandi Ramaiah Balaramaiah Ramamohan, G. Number: 992, S/o. Balaramaiah, aged about 57 years, Occ. Working as Head Constable, Kasapuram P.S., Guntakal, Ananthapuram District, A.P.
12. Galam Krishna Reddy, G. Number: 1928, S/o. Subba Reddy, aged about 54 years, Occ. Working as Head Constable, Traffic P.S., Anathapuram, Ananthapuram District, A.P. P
13. Pasuluri Suryanarayana, G. Number: 1950, S/o. Veeranarappa, aged about 58 years, Occ. Working as Head Constable, Itikalapalli P.S., Ananthapuram Rural (M), Ananthapuram District, A.P. Kadavakallu Yohan, G. Number: 993, S/o. Narayanappa, aged about 54 years, Occ. Working as Head Constable, Traffic P.S., Ananthapuram, Ananthapuram District, A.P.
14.
Gangalakunta Venugopal Reddy, G. Number: 953, S/o. Obi Redsdy, aged about 55 years, Occ. Working as Head Constable, Traffic P.S., Ananthapuram, Ananthapuram District, A.P.
15. Pedda Gullobannagari Obulesu, G. Number: 968, S/o. Pedda Obulesu, aged about 57 years, Occ. Working as Head Constable, Palthur P.S., Uravakonda (M), Ananthapuram District, A.P.
16. Devarinti Jayachandra Reddy, G. Number: 1940, S/o. Narayana Reddy, aged about 58 years, Occ. Working as Head Constable, C.C.S. P.S., Ananthapuram, Ananthapuram District, A.P.
17. 18. Uppara Sreeramulu, G. Number; 969, S/o. Hanumanthappa, aged about 55 years, Occ. Working as Head Constable, Kalyanadurgam P.S., Kalyanadurgam (M), Ananthapuram District, A.P.
19. Gorla Lakshmi Reddy, G. Number; 1979, S/o. Kesava Reddy, aged about 60 years, Occ. Working as Head Constable, Kalyanadurgam P.S., Kalyanadurgam, Ananthapuram District, A.P.
20. Dandu Prabhakar, G. Number; 1688 S/o. Venkataramana, aged about 58 years, Occ. Working as Head Constable, Peddapappur P.S., Peddapapur (M), Ananthapuram District, A.P.
21. Girinatham Vijayarama Raju, G. Number; 1962, S/o. Narasa Raju, aged about 55 years, Occ. Working as Head Constable, I Town P.S., Ananthapuram, Ananthapuram District, A.P.
22. Harikesava Chennakesavulu, G. Number; 986, S/o. Gurrappa, aged about 58 years, Occ. Working as Head Constable, Traffic P.S., Ananthapuram, Ananthapuram District, A.P.
23. Nadimidoddi Nageswara Rao G. Number; 1951, S/o. Nallappa, aged about 58 years, Occ. Working as Head Constable, Traffic P.S., Ananthapuram, Ananthapuram District, A.P.
Kondakari Lakshmi Narayana Prasad G. Number: 1872, S/o. Bheemappa, aged about 56 years, Occ. Working as Head Constable, O/o. Intelligence Dept. Ananthapuram, Ananthapuram District, A.P.
24. Vaddi Sudhakar, G. Number: 936, S/o. Anjaneyulu, aged about 55 years, Occ. Working as Head Constable, C.C.S. P.S., Puttaparthy Urban, Puttaparthy, Sri Sathya Sai District (Present), Ananthapuram District (Old), A.P.
25. Sugali Kristhe Naik, G. Number: 208, S/o. Dhake Naik, aged about 54 years, Occ. Working as Head Constable, C.C.S. P.S., Puttaparthy Urban, Puttaparthy, Sri Sathya Sai District (Present), Ananthapuram District (Old), A.P.
26. Chitra Obelusu, G. Number: 246, S/o. Narayana, aged about 57 years, Occ.
Working as Head Constable, Tadimarri P.S., Tadimarri (M), Sri Sathya Sai District (Present), Ananthapuram District (Old), A.P.
27. Kadiri Lakshmaima, G. Number: 319, S/o. Uttanna, aged about 58 years, Occ. Working as Head Constable, Kadiri Town P.S., Kadiri, Sri Sathya Sai District (Present), Ananthapuram District (Old), A.P.
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29. Yellamaraju Umamaheswar G. Number: 1986, S/o. Venugopal Raju, aged about 58 years, Occ. Working as Head Constable, Kalyanadurgam P.S., Kalyanadurgam, Ananthapuram District (Old), A.P. Pulagamapalli Anjaneyulu, G. Number: 324, S/o. Ramanna, aged about 56 years, Occ. Working as Head Constable, A.C.B. P.S., Vijayawada, Krishna District. 30. Asadi Jeevan Kumar, G. Number: 978, S/o. Vannurappa, aged about 54 years, Occ. Working as Head Constable, KIA Industrial Area P.S., Guttur (M), Sri Sathya Sai District (Present), Ananthapuram District (Old), A.P.
31. ...Petitioner: AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General Police Mangalagiri, A.P., Guntur District
3. The Inspector General of Police Rayalseema Region, O/o. The Police Head Quarters Mangalagiri, A.P., Guntur District The Superintendent of Police, AnanthapuramDistrict. 5. The Superintendent of Police, Satya Sai District, Puttaparthy. 4. .. .Respondents
Petition under Article 226 of the Constitution of India is filed 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 Writ of Mandamus, declaring the action of the Respondents in not implementing the Government Orders, issued in G.O.Ms.No.212 Home (Legal-ll) 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.7325-7 326/2015 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-ll) 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., Kumool 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- 1-2014/5.1.2014 with consequential benefit of promotion to the post of ASX, 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. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an Interim order, directing the Respondents forthwith to consider the cases of the petitioners herein for granting notional seniority on par with the persons in whose favour the S.P., Palnadu District, passed orders in C. No. 667 A1 / 2022 / D.O. No. 529/2023 dated 12-6- 2023, S.P. Kumool passed orders on 19.12.2019 keeping in view of the
orders of the Government in Memo No. 14443/2020, dated 4-11-2015, DGP Circular dt.22.10.2016 recent Order of D.G.P. dated. 02.12.2024 considering the representations of the and duly petitioners on 05.02.2024, 11.02.2025, 06.02.2025 to the Superintendent of Police, Ananthapuram and to the Superintendent of Police, Satya Sai District pending disposal of the Writ Petition. Counsel for the Petitioner :SRI A KISHORE KUMAR Representing SRI. P V RAMANA Counsel for the Respondent No’s. 1 to 5: GP FOR SERVICES I The Court made the following ORDER:
APHC010110312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■■■ >> T-r T- [3506] ll■.■ THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5587/2025 Between: ...PETITIONER(S) Venkilikaluva Venkata Sreenivasulu and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitloner(S):
1.
P V RAMANA Counsel for the Respondent(S):
1.GP FOR SERVICES I
2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
"...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 Government Orders, issued in G.O.Ms.No.212 Home (Legal-ll) 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.il/A2/2014, dated 4-11-2015 giving effect to G.O.Ms.No.212 Home (Legal-ll) 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- 2014/5.1.2014 with consequential benefit of promotion to the post of ASL, 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
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-ll) 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.ll/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. 01.01.2014/05.01.2014.
Learned counsel for the petitioners submits that ail the
4. petitioners were appointed as A.R.Constables and they were converted as Civil Constables in the year 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 and 05.01.2014, 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-ll) 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 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 Home (Legal-ll) Department, dated
06.09.2013. The Government issued G.O.Ms.No.157, Home (Legal- ll) Department, dated 15.11.2014 cancelling G.O.Ms.No.212 Home (Legal-ll) 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 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-ll) Department, dated 02.04.2015 cancelling G.O.Ms.No.157 Home (Legal-ll) Department, dated 15.11.2014. aside G.O.Ms.No.212 on
5. The Government issued circular memo No.20871/Legal.ll/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 eligible for the post of Head Constable (Civil), in terms of G.O.Ms.No.212 Home (Legal-ll) Department, dated 06.09.2013 for pre-promotional training course, in consultation with IGP, training. The learned DGP also issued another Rc.No.1345/E2/2023 dated 02.12.2024 instructing all the are memorandum vide range
5 IsGP/DlsGP, 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 11.10.2013/05.01.2014, 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.AI/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-ll) Department, dated 06.09.2013 and the circular orders issued by DGP.
7. The Superintendent 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-ll) Department, dated 06.09.2013.
8. Since the petitioners' cases were not considered, the petitioners made representations dated 05.02.2024, 06.02.2025 and
6 11.02.2025, furnishing all details to respondents 2 to 5. However^ there is no response, and hence the above writ petition is filed. Learned Assistant Government Pleader for Services would
9. 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 counsel. directing the respondents 4 and 5 to consider the representation s made by the petitioners’ dated 05.02.2024, 06.02.2025 and 11.02.2025, 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
7 entitlement, within eight (08) weeks. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR F 8f //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Director General Police, Mangalagiri, A.P., Guntur District
3. The Inspector General of Police, Rayalseema Region. O/o. The Police Head Quarters Managalagiri, A.P. Guntur District
4. The Superintendent of Police, Ananthapuram District.
5. The Superintendent of Police, Satya Sai District, Puttaparthy.
6. One CC to SRI. P V RAMANA, Advocate [OPUC]
7. Two CCs to GP FOR SERVICES I, High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies PRK
HIGH COURT DATED:06/03/2025 g 13 MAR 2025 | Current ;>eciion ■
ORDER WP.No.5587 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS