Andhra Pradesh High Court – Amravati
K Kothandaramaiah vs The State Of Ap on 9 May, 2025
APHC010263542025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3506]
(Special Original Jurisdiction)
FRIDAY ,THE NINTH DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 13221/2025
Between:
K Kothandaramaiah ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P V RAMANA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of
India for the following relief/s:-
“…to issue an appropriate 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-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 DGP 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 11.10.2013/1.1.2014 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 DGP dated 02.12.2024 and to pass such
other order or orders….”
2. Heard Sri P.V.Ramana, learned counsel for the petitioners and learned
Government Pleader for Services-I for respondents.
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.
01.01.2014/05.01.2014.
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 year 2010 and 2011. The petitioners are eligible for promotion to the post
of Head Constable by 2013 and 2014 and latest by 11.10.2013, 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 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) 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
11.10.2013/01.01.2014, 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 dated 02.12.2024
issued by DGP.
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 07.05.2025, 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
dated 02.12.2024 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 representations made by the petitioners’ dated 07.05.2025,
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 22.10.2016/02.12.2024,
and pass appropriate orders regarding the promotion of the petitioners as per
the seniority and entitlement, within eight (08) weeks. There shall be no order
as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand
closed.
_____________________________
JUSTICE CHALLA GUNARANJAN
Date: 09th April, 2025
RKS