Extracted from the PDF above. The PDF is authoritative.
APHC010192802026
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 11192/2026 Between:
1. MUDAPAKA RAMU, S/O LATE TATA MUDAPAKA, AGED ABOUT 46 YEARS, POLICE CONSTABLE NO. 2975, KOYYURU POLICE STATION (SPECIAL ALLURI SEETHARAMA RAJU DISTRICT., ANDHRA PRADESH
1. THE STATE OF A SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522503, ANDHRA PRADESH, INDIA. 2. THE CHAIRMAN, STATE LEVEL POLICE RECRUITMENT BOARD, MANGALAGIRI, GUNTUR DISTRICT ANDHRA PRADESH
3. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH POLICE HEADQUARTERS, NH DISTRICT - 522503, ANDHRA PRADESH, INDIA. 4. THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT, SHANKARAM
VILLAGE, NIDANAM DODDI POST, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 11192/2026 MUDAPAKA RAMU, S/O LATE TATA MUDAPAKA, AGED ABOUT 46 YEARS, POLICE CONSTABLE NO. 2975, KOYYURU POLICE STATION (SPECIAL PARTY ATTACHED), ALLURI SEETHARAMA RAJU DISTRICT., ANDHRA PRADESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522503, ANDHRA PRADESH, INDIA. THE CHAIRMAN, STATE LEVEL POLICE RECRUITMENT BOARD, MANGALAGIRI, GUNTUR DISTRICT ANDHRA PRADESH, INDIA. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH POLICE HEADQUARTERS, NH-16, MANGALAGIRI, GUNTUR 522503, ANDHRA PRADESH, INDIA. THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT, SHANKARAM
VILLAGE, NIDANAM DODDI POST, IN THE HIGH COURT OF ANDHRA PRADESH [3558] SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA MUDAPAKA RAMU, S/O LATE TATA MUDAPAKA, AGED ABOUT 46 YEARS, POLICE CONSTABLE NO. 2975, PARTY ATTACHED), ALLURI SEETHARAMA RAJU DISTRICT., ANDHRA PRADESH ...PETITIONER BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - THE CHAIRMAN, STATE LEVEL POLICE RECRUITMENT BOARD, MANGALAGIRI, GUNTUR DISTRICT - 522503, THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH 16, MANGALAGIRI, GUNTUR THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT, SHANKARAM
VILLAGE, NIDANAM DODDI POST,
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ANAKAPALLI DISTRICT - 531001. 5. THE SUPERINTENDENT OF POLICE, ALLURI SEETHARAMA RAJU DISTRICT POLICE OFFICE, PADERU, ALLURI SEETHARAMA RAJU DISTRICT - 531024,
ANDHRA PRADESH, INDIA. ...RESPONDENT(S): Counsel for the Petitioner:
1. REGULAGADDA VENKATESH Counsel for the Respondent(S):
1.
GP FOR SERVICES I The Court made the following:
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.11192 of 2026 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
This writ petition for a Mandamus is filed seeking declaration that the action of the respondents in not implementing the order dated 26.09.2018 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.667 of 2018 is illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to implement the said order dated 26.09.2018 by considering the representation of the petitioner dated 05.03.2023 regarding fixation of notional seniority and for grant of other consequential benefits forthwith. 2. Heard
learned counsel for the petitioner and learned Government Pleader for Services-I appearing for the official respondents. 3. The petitioner was provisionally selected for the post of Stipendiary Cadet Trainee Police Constable (Civil) under SC (Home Guard) quota and was allotted to Visakhapatnam Rural unit in the year 2016, after completion of the selection process. Subsequently, the selection of the petitioner as Police Constable was cancelled by the 2nd respondent – Chairman of State Level Police Recruitment Board on the ground that the petitioner was involved in a criminal case relating to commission of an offence and that he has suppressed the said fact. The petitioner has challenged the cancellation of his selection before the Andhra Pradesh Administrative Tribunal, Hyderabad, by filing
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O.A.No.667 of 2018, on the ground that no criminal case was registered against him and that he was not involved in any criminal case and that cancellation of his selection is illegal. It is his contention that some other person with similar surname was involved in a criminal case and a crime was registered against the said person and under a mistaken impression that it is the petitioner who was involved in the said criminal case and that a crime was registered against him, his selection was cancelled. His contention found favour with the Tribunal. The Tribunal also, after considering the material placed before it, found that the petitioner was not involved in any criminal case and that no crime was registered against him and thereby, held that the cancellation of his selection as Police Constable is not valid. Therefore, the Tribunal has directed the respondents to consider the petitioner in further selection process in pursuance of his provisional selection and pass appropriate orders for his selection and to depute him for training within a period of eight weeks from the date of receipt of copy of the said order. The Tribunal further held that the petitioner is entitled to all consequential benefits on notional basis till the date of passing of the said order and to monetary benefits from the date of the said order and, accordingly, allowed the O.A. by order dated 26.09.2018. 4. The State did not challenge the said order further in any forum and the said order of the Tribunal became final. 5.
Alleging that though the petitioner was inducted into service as Police Constable as directed by the Tribunal, but the respondents did not grant the consequential benefits and other monetary benefits as ordered by the Tribunal, the present writ petition has been filed by the petitioner. 5
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6. Learned Government Pleader for Services-I submits that the petitioner was inducted into service as directed by the Tribunal and other consequential benefits and monetary benefits are not granted because the seniority issue relating to other candidates selected in the said batch is involved and notices are required to be given to all the said affected candidates as per law and, as such, he requests reasonable time to complete the said process and to grant the consequential benefits and monetary benefits to the petitioner as ordered by the Tribunal. He submits that the order was partly implemented by inducting the petitioner into service and only the other part relating to grant of consequential benefits on notional basis and monetary benefits is to be implemented. 7. The O.A. was filed before the Tribunal long back in the year
2018. It was disposed of on 26.09.2018 itself. But, till today, except implementing the order in part by inducting the petitioner into service, the respondents did not grant the other consequential benefits and monetary benefits to the petitioner as ordered by the Tribunal. This Court seriously deprecates the said lethargy on the part of the respondents in not granting the monetary benefits and service benefits to the petitioner as ordered by the Tribunal. Even if any seniority issue is involved and notices are required to be given to the affected parties and only thereafter, the consequential benefits and monetary benefits are to be sanctioned to the petitioner, the respondents ought to have completed the said process within reasonable time as the order was passed by the Tribunal long back in the year 2018 i.e., about more than seven years ago.
Therefore, obviously there are laches on the part of the respondents in implementing the order of the Tribunal in its true spirit. 6
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8. When the writ petition came up for hearing on 01.05.2026, we have directed the learned Government Pleader for Services-I to seek instructions from the concerned authorities as to when they are going to implement the order of the Tribunal in full by granting the other consequential benefits and monetary benefits to the petitioner. 9. Today, learned Government Pleader for Services-I again reiterated the same contention, stating that as the seniority issue is involved, it would take time to grant the monetary benefits and other service benefits to the petitioner. We are not inclined to accept the said contention. It shows that the respondents have got scant respect for law and the order passed by the Tribunal. They cannot seek any further time to implement the order of the Tribunal, which has attained finality, in its true spirit. 10. When questioned as to when the respondents are going to implement the order of the Tribunal by granting the consequential benefits and monetary benefits to the petitioner as ordered by the Tribunal, learned Government Pleader for Services-I, on instructions, requests reasonable time stating that it requires three months time to complete the said process relating to the issue of seniority. 11. Therefore, in the said facts and circumstances of the case, the writ petition is disposed of with a direction to the respondents, particularly to respondent Nos.1 and 3 i.e., the State represented by its Principal Secretary, Department of Home, and the Director General of Police, Andhra Pradesh, to implement the order of the Tribunal dated 26.09.2018 passed in O.A.No.667 of 2018 in full, by granting consequential benefits and other monetary benefits to which the petitioner is entitled, within a period of two months from the date of this
order. No request for extension of time will be entertained under any
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circumstances. If the respondents fail to implement the order of the Tribunal as directed supra, they will be liable for legal consequences for disobeying and violating the order of this Court.
As a sequel, interlocutory applications, if any pending, in this case, shall stand closed. There shall be no order as to costs.
________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 05.05.2026 IBL
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THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION No.11192 of 2026
Dt: 05.05.2026 IBL