Andhra Pradesh High Court – Amravati
Gidda Jyothi Babu vs The State Of Andhra Pradesh, on 12 March, 2025
APHC010056292025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3506]
(Special Original Jurisdiction)
WEDNESDAY, THE TWELFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 3531/2025
Between:
Gidda Jyothi Babu and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1.P V
RAMANA
Counsel for the Respondent(S):
1.GP FOR SERVICES
I
The Court made the following ORDER:
This writ petition is filed under Article 226 of the
Constitution of India for the following relief:
“…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
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CGR, J
W.P. NO.3531 of 2025Government Orders, issued in G.O.Ms.No.212
Home (Legal-II) 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.II/A2/2014, dated 4-11-
2015 giving effect to G.O.Ms.No.212 Home
(Legal-II) 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 with consequential benefit of promotion
to the post of ASI., 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.
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CGR, J
W.P. NO.3531 of 2025
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-II) 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.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, granting notional seniority
and promotion w.e.f. 01.01.2014.
4. Learned counsel for the petitioners submits that all the
petitioners were appointed as A.R.Constables and they were
converted as Civil Constables in the years 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, 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-II) 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
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CGR, J
W.P. NO.3531 of 2025
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 aside G.O.Ms.No.212 Home
(Legal-II) Department, dated 06.09.2013. The Government issued
G.O.Ms.No.157, Home (Legal-II) Department, dated 15.11.2014
cancelling G.O.Ms.No.212 Home (Legal-II) 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 on 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-II) Department,
dated 02.04.2015 cancelling G.O.Ms.No.157 Home (Legal-II)
Department, dated 15.11.2014.
5. The Government issued circular memo
No.20871/Legal.II/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 are eligible for the post of Head
Constable (Civil), in terms of G.O.Ms.No.212 Home (Legal-II)
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CGR, J
W.P. NO.3531 of 2025
Department, dated 06.09.2013 for pre-promotional training
course, in consultation with IGP, training. The learned DGP also
issued another memorandum vide Rc.No.1345/E2/2023 dated
02.12.2024 instructing all the range IsGP/DIsGP, 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 16.10.2013/01.01.2014, 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.A1/7904/2013-18, 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-II) Department, dated 06.09.2013
and the circular orders issued by DGP.
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CGR, J
W.P. NO.3531 of 2025
7. The Superintendant 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-II) Department, dated 06.09.2013.
8. Since the petitioners’ cases were not considered, the
petitioners made representations dated 25.01.2025, 06.12.2024
and 01.02.2025, furnishing all details to respondents 2 to 5.
However, there is no response, and hence the above writ petition
is filed.
9. Learned Assistant Government Pleader for Services would
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
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CGR, J
W.P. NO.3531 of 2025
counsel, directing the respondents 4 and 5 to consider the
representations made by the petitioners’ dated 25.01.2025,
06.12.2024 and 01.02.2025, 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 entitlement,
within eight weeks. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall
stand closed.
_______________________
CHALLA GUNARANJAN, J
12.03.2025
SS
