APHC010537582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28113/2023 Between: 1. S.SUVARNA RAJU,, S/O.SANTA RAO, AGED ABOUT 49 YEARS, OCC-HEAD CONSTABLE (14TH BN APSP), RESIDENT OF KOPALLE, KALLA MANDAL, WEST GODAVARI DISTRICT, A.P. 2. BATHULA KOTESWARA RAO,, S/O.BHUSHAIAH AGED ABOUT 47 YEARS, OCC-HEAD CONSTABLE (14TH BN APSP), RESIDENT OF TADIVAKAVARIPALEM VILLAGE AND POST, NAGARAM MANDAL, BAPATLA DISTRICT, A.P. 3. KONDRU HARI KRISHNA,, S/O.MEERA SAHEB AGED ABOUT 48 YEARS, OCC-HEAD CONSTABLE (14TH BN APSP), RESIDENT OF SANNAVILLI POST, UPPALAGUPTAM B.R.AMBEDKAR KONASEEMA DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF TELANGANA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD, T.S. 3. THE DIRECTOR GENERAL OF POLICE APSP, MANGALAGIRI, GUNTUR DISTRICT, A.P. 2 4. THE COMMANDANT, 12TH BN, TSSP, ANNAPARTHY NALGONDA. 5. THE COMMANDANT, 14TH BN, APSP, ANANTHAPURAMU, A.P. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K RAJYA LAKSHMI Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “pleased to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the Proceedings in C.No.1585/A1/202122 Dated 28.03.2022 issued by the 4th respondent in regularising the services of the petitioners considering them as employees appointed in temporary vacancies as illegal arbitrary exercise of power violation of principles of natural justice and contrary to law and material available on record and set aside the same by declaring that the petitioners are eligible to count the entire service from the date of their promotion for the purpose of seniority promotion and all other monetary benefits”. 2. Learned counsel for the petitioners submitted that initially the petitioners were effected promotions vide order dated 03.9.2005 as Head Constables in the existing vacancies, with immediate effect, in the pay scale of Rs.3750- 7650/- (PRC-99). Accordingly, the petitioners were joined in the promotion posts and continued as Head Constables. Thereafter, the 4th respondent declared their probation vide order dated Nil-01-2011. According to the said declaration, the petitioners were placed at Sl.Nos.3, 9 and 12. Though their promotions were effected on 03.09.2005, 13.11.2007 and 02.05.2008 respectively, but, surprisingly their posts were regularized on 12.08.2009 which is contrary to records. Aggrieved by the said proceedings, the petitioners have submitted representations to the respondents. The said representations were considered and vide proceedings dated 28.03.2022 rejected the case of the petitioners on the ground that the applicants/petitioners have promoted in the unit on out of seniority & purely on 4 temporary basis and without conferring probation rights, their services were regularized as per the vacancies arise in the unit. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents. It is represented that the State Counsel for AP would represent on behalf of respondent No.4 also. 4. The respondents filed their counter in which it is submitted that, after bifurcation of the State, the petitioners were transferred to 14th Battalion APSP Ananthapuramu from the 12th Battalion TSSP (Telangana State Special Police), Nalgonda on 22.02.2018 and subsequently, they were allocated to 14th Battalion APSP, Ananthapuramu on 02.03.2018. In fact, while considering the representation of the petitioners for revision of date of regularization in the B list in the cadre of Head Constables, the same was forwarded to 12th BN TSSP, on 21.09.2021. The TSSP, Nalgonda issued a clarification vide letter dated 28.03.2022 stating that the service books of the Head Constables/petitioners, now working in 14th Battalion, APSP, Ananthapuramu, A.P., on State bifurcation, have been received for revision of their 8B9 list dates in the regularization. According to the letter of the 12th BN TSSP, Nalgonda, dated 28.03.2022, it is stated that the applicants/petitioners had been promoted in their unit on out of seniority and purely on temporary basis and without conferring probation rights. As the petitioners were promoted purely on temporary basis, they are not entitled for regularization from the date of their initial promotions. Accordingly, their cases were rejected vide impugned order dated 28.03.2022. 5 5. Learned counsel for the petitioners contended that a perusal of the promotion order dated 03.09.2005 clearly shows that the petitioners were promoted against existing vacancies and were directed to join the promotional posts with immediate effect. The order further stipulates that they were required to join within the prescribed time, failing which they shall forego their promotional avenues. When that being the situation, the contesting respondents ought not to have contend that promotions were made purely on temporary basis as the promotions were made against clear and existing vacancies. When the promotions are made against clear and existing vacancies, the question of temporary promotion would not arise. Hence, the impugned order may be set aside. 6. In reply to the contention, the learned Assistant Government Pleader has submitted that according to the information furnished by the 4th respondent, the promotions are purely on temporary basis. Hence, the petitioners have not qualified for regularization from the date of their promotions as the promotions were only based on the existence of the vacancies. Hence, the 4th respondent rightly rejected the case of the petitioners. 7. Considering the submissions made by both the learned counsel and on perusal of the orders, more specifically, the promotional order, it clearly stipulates that the promotions are made in the existing vacancies with an observation to join with immediate effect and with a further observation that if they failed to join as Head Constables, they would forego their promotion 6 avenues. Thereby, the respondents cannot say that the promotions are purely on temporary basis. Hence, the impugned order is liable to be set aside. 8. Accordingly, the impugned order is set aside. The respondents are directed to consider the case of the petitioners and pass appropriate orders within a period of three (3) months from the date of receipt of copy of this order. 9. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ JUSTICE D.RAMESH Date: 28.01.2026 KNN 7 301 THE HONOURABLE SRI JUSTICE D RAMESH W.P.No.28113 of 2023 28.01.2026 KNN