Telangana High Court

WP/34313/2021 of B.Praneeth Kumar Vs The Superintendent of Police AND 4 OTHERS on 31 December 2021

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THE S ; ; " :, j i*ip":iiJ.lfl :rE LA N G A NA FRIDAY , THE THIRTY FIRSrwo *r o usn, ; ;; I',..i,"u fi ii5 ft E * = - PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Between: WRIT PETITIONNo: 34313 OF 2021 B. praneeth Kumar. oistrici p-i#rra;;itrill *t;i5i"1l?l:

HIGH COURT FOR THE S

S; ; " [:, ][j ][i*ip":iiJ.lfl ][:rE ]

LA N G A NA

,THE THIRTY FIRSFIRSrwo *r o usn, ; ;; I',..i,"u fi ii5 ft E * rwo *r o usn, ; ;; I',..i,"u fi ii5 ft E *

FRIDAY ,THE THIRTY FIRSFIRS

= [-]

PRESENT

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

Between:WRIT PETITIONNo: 34313 OF 2021

B. [praneeth ]Kumar.oistrici p-i#rra;;itrill *t;i5i"1l?l: senior Assistant,,flg?:#."r$r:3,n"",1,",

AND

...pETrfloNER

1. The Superintendenr

?l potice, flgii*, potice, flgii*, flgii*, [Nodet Officer, Mahabubnasar.]

2. The Superintendent of ?l potice, flgii*, potice, flgii*, flgii*, Wu"tpi.t'riv'oirtitt Wu"tpi.t'riv'oirtitt4. 3. The Director Generat of police, Strijoif6fr""dna, Hyderabad.

Director Generat Generat of police, Strijoif6fr""dna, Hyderabad.S. The The Deputv State 6f I Teianoana., ns,ecto r cererar'o] nepiesent"J6v'iirrHilil,prr Foi.'",'iv?i"y5lro v, rru ' ' " '\Ra Secretary, n ge, Hyderabad.HomeDepadment, Secreiariat, r-f v'oeranaJ-

..,RESPONDENTS

Petition under Articre 226 of the constitution of rndia praying that in thecircumstances stated in the affidavit fired therewith, the High court may be preasedto issue a writ, order or direction more particurarry one in the nature of writ ofcircumstances stated in the affidavit fired therewith, the High court may be preasedto issue a writ, order or direction more particurarry one in the nature of writ ofMandamus declaring the action of the respondenrs in not reverting the petitioner tothe post of Junior Assistant from the cadre of senior Assistant as per his willingnessthe post of Junior Assistant from the cadre of senior Assistant as per his willingnesseven though he was irregularly promoted to the said post by the 1st respondent videc.No.Ai/Estt-169/I/BNR/2020, dated 13t}t 2o2o D.o.No.1300/2020,dated 131812020 rlw c.No.Ai/Estt-169/I/BNR/2020, dated 13t}t 2o2o D.o.No.1300/2020,dated 131812020 rlw C.No.At/Estt-117/WNpy/ 2020, D.O.No.37712020,daled 171812020 issued by the Superintendent of police, wanaparthy as is evidentdaled 171812020 issued by the Superintendent of police, wanaparthy as is evidentfrom the clarification issued by the Chief Office (3rd respondent) vide MemoRc.No.300/ME.312020, dated 81112021 thereby not considering the just ctaim of thepetitioner for allotment to his native district Mahabubnagar in the category of Juniorpetitioner for allotment to his native district Mahabubnagar in the category of JuniorAssistant in the ensuing allotment in terms of G.O.Ms.No.317, GAD.,dated 611212021 read with Memo.No.1655/SPF.1/2021, dated 611212021 is asillegal, arbitrary, discriminatory, unjust and violative of Articles 14, 16 and 21Constitution of lndia and consequently direct the respondents to revert the [petitioner]to the post of Junior Assistant and consider his case for allotment to [his ][native]district tvlahabubnagar in the category of Junior Assistant in [terms ]of [the]G.O.Ms.No.3'l 7, GAD., dated 611212021 read with [Memo.No.16551SPF.112021 ],dated 611212021 with all consequential benefits.dated 611212021 read with Memo.No.1655/SPF.1/2021, dated 611212021 is asillegal, arbitrary, discriminatory, unjust and violative of Articles 14, 16 and 21Constitution of lndia and consequently direct the respondents to revert the [petitioner]to the post of Junior Assistant and consider his case for allotment to [his ][native]district tvlahabubnagar in the category of Junior Assistant in [terms ]of [the]G.O.Ms.No.3'l 7, GAD., dated 611212021 read with [Memo.No.16551SPF.112021 ],dated 611212021 with all consequential benefits.

lA NO: 1 OF 2021

Petition under Section 151 CPC [praying ]that [in. ][the ][circumstances ][stated ][in]the affidavit filed in support of the [petition, ]the High [Court may be pleased ][to ][direct]the respondents to keep one [vacancy ][of ][Junior ][Assistant in ][Mahabubnagar ][District]

unfilled for accommodation [of ][the ][petitioner ][after his ][reversion ][to ][the ][post ][of ][Junior]Assistant, [pending disposal ][of ][the ][above ][writ ][petition']

lA NO: 2 oF 2021

Petition under Section 151 CPC [praying ][that ][in ][the ][circumstances stated ][in]the affidavit filed in support of the [petition, ][the ][High ][Courl ][may ][be ][pleased ][to ][direct]the 1st respondent to consider the case of the [petitioner ][for ][reversion ][to ][his original]post of Junior Assistant in terms of the clarification issued by the Chief Office(3rd respondent) vide lvlemo Rc. No.300/ME.3/2020, dated 81112021 forthwith,pending disposal of the above writ petition.

Counsel for the Petitioner: SRI J. KONDA REDDYCounsel for the Respondents: GP FOR HOME

The Court made the following: ORDER

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

W.P.No.34313 OF 2021

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ORDER:

This writ petition is filed seeking the follow.ing relief:

"to [i6suc ]a writ, order or dirccrion more panicularly onein th€ nature of Vrit of M.ndamus declaring the actioDof thc r€sponden$ in not revedng the petition€r ro ah€post of Junior Arsistant from the cadr€ of S€doiAssistant as p€? his wiflingn$s even though hc \]rasinegula.ly promoted to the said post by rhe ltrrespotrdent rzde C.No.AtlEsh-169/MBNR/ 2020, d.tted13,u8l2020, D.O.No.130O/2020, d^ted t3/8/2020 wC.No.AllEstt-117/I7Npy/2020, D,O.No.3j7/20?n,dated 17 /8/2020 issued by rhe Sup€linrendenr of police,Wanaparthy as is evid.nr trom rhe ctarificarion issu€d bythc Chief Office (3'd rcspo"deo, rZe Memo Rc.No.j00/ME j/2020 dated 8/1/202t rherebv nor consideringthc iusr clann oi rhc pctir;der f('r alotmenr ro his natiyeIlisrricr IUahabubn.g.tr in {he cir.go^ of JuniorAssislrDt in rhe cnsulng atloment in rerms ofG.O.Ms.No.317, G,^D, darcd 6l12/202t t.^d qirh MemoNo.1655/SPf.l/2021, d..ted 6/12/2021 is, as iltegat,^rhiran, [discrimi.aton, ][unjus{ ][and ][vi.,lntivc ][of ][Articles]11, 16 and 21 of CoDsliturion of India and consequentlydir.cr rhe respondcots ro revei rhe perilioner ro &e posrofJunior Assistanl and consider his case ror allorment tohis native District Mahabubnagar in rhe caregory ofJunior [Assistanr ][in ][termE ][of ][the G.O.N{s.No. ][317, ][GAD].l^ted 6/12/2021 rcad sirh Memo No.1655/SPP.1/2021,da.cd 6 / 12/2021vith rU consequential ben€fits and [pass]such other order or ord€rs may dcem fit afld proper."

Heard Sri J.Konda Reddy, leamed Sri J.Konda Reddy, leamed J.Konda Reddy, leamed leamed [[counsel]]

02. Heard Sri J.Konda Reddy, leamed Sri J.Konda Reddy, leamed J.Konda Reddy, leamed leamed [[counsel]]appearing for the petitioner, and learned [Government Pleader]for Home appearing for the [respondents.]

It is the case of the the case of the case of the of the the [[petitioner ]][[that he ][was]][[was]]

03. It is the case of the the case of the case of the of the the [[petitioner ]][[that he ][was]][[was]]appointed as Junior [Assistant ][on corrpassionate grounds ][w'ith]effect from [25.01.2010 ][and ][he ][is ][eligible and qualified ][for]promotion to the post of [Senior ][Assistant ][on ][regular ][vacancy']While so, the [1."' ]and [2"d ][rcspondents ][uide ][proceedings ][dated]

t3.08.2020 [arrd ][17 ][.08'2020 ][promoted ][him ][as ][Senior ][Assistant ][on]adhocbasisandpostedhimatDPO,\Wanaparthy.Duetohispersonal difficulties, [he ][subrnitted ][representations ][to ][the ][1st]respondent [on ][72.70.2020,24'11'2020 and ][07 '12'2021 ][requesting]to revert him [to ][the post ][ofJunior ][Assistant and re-posted ][to]DPO Mahabubnagar. [But, ][no ][orders ][have been ][passed]thereon.

Learned counsel appearing counsel appearing [[for ][the ][petitioner]][[the ][petitioner]][[petitioner]]

04, Learned counsel appearing counsel appearing [[for ][the ][petitioner]][[the ][petitioner]][[petitioner]]submits that appropriate [orders ][be passed ][in ][the ][writ ][petition]directing the respondents to consider the [representations]submitted by the petitioner on 12.10,2020, [24,1'l'.2020 ][and]07.12.2021.

05. Learned Government Pleader appearing for therespondents contended that since the representations of thepetitioner is pending with the 1.' respondent, the 1.,respondent would consider the same and pass appropriateorders in accordance with law.06. Having considered the rival subrnissions made bythe learned counsel on either side, this Writ petition can bedisposed of directing the l."t respondent to consider therepresentations submitted by the petitioner on 12.70.2020,24.17.2020 and 07.12.2021 and pass appropriate orders within a Penod of eight wecks from the dare of receipt of a copy of rhis order.07.costs.

Accordingly, the S/rit petition is disposed of. No closed, Miscellaneous petidonsif , any, pending shall stand Sd/-P, PADMANABHA REDDYASSISTANT REGISTRAR//TRUE COPY//(-,1l)SECTION OFFICERTo,1. The Superintendent of Police, Nodel Officer, Mahabubnagar.2. The Superintendent of Police, Wanaparthy District.3. The Director General of Police, State of Telangana, Hyderabad.4. The Deputy lnspector General of Police, Hyderabad Range, Hyderabad.5. The Principal Secretary, Home Department, State of Telangana, Secretariat,tHyderabad. 6. One CC to Sri J. Konda Reddy, Advocate IOPUC]7. Two CCs to GP for Home, High Court for the State of Telanganaat Hyderabad. [OUT]8. Two CD Copies9. One Spare CopySM\v-( -L<\.{- HIGH [COURT]DA\ED [3111212O21]

ORDERWP.No.34313 ol 2021

DISPOSING OF THE WPWITHOUT COSTS6

2 5 JAI! [202?]

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