Andhra Pradesh High Court

WP/2527/2026 of M.Nageswara Rao, Vs The State of Andhra Pradesh on 29 January 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2527/2026 Between: 1. M.NAGESWARA RAO,, S/O.ADINARAYANA (LATE), AGE YEARS, WORKING AS HEAD

APHC010038482026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY,THE THIRTIETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 2527/2026

Between:

1. M.NAGESWARA RAO,, S/O.ADINARAYANA (LATE), AGE YEARS, WORKING AS HEAD CONSTABLE (2794), C.C.S. POLICE STATION, STUARTPURAM, BAPATIA, BAPATIA DISTRICT.

2. K.VENGALA REDDY,, S/O. VENKAT REDDY, AGE 58 YEARS.

WORKING AS HEAD CONSTABLE (1542), V.R.ONGOLE, DAR, ONGOLE, PRAKASHAM DISTRICT.

3. G.VENKATESWARLU,, S/O. GURAVAIAH, AGE 57 YEARS.

WORKING

AS

HEAD

CONSTABLE

(2335),

GIDDALURU,

PRAKASHAM DISTRICT.

4. PAGADALA SRINIVASULU, , S/O. P.VENKATESWARLU AGE 56

YEARS. WORKING AS HEAD CONSTABLE (1335) WORKING AT

KOMAROLE POLICE PRAKASHAM DISTRICT.

5. PARASA SATYANARAYANA,, S/O. PANDU (LATE), AGE 58 YEARS.

WORKING AS ASST. SUB INSPECTOR (2243), CRIME SPORTS, VIJAYAWADA CITY.

...PETITIONER(S)

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY,

DEPARTMENT

OF

HOME,

SECRETARIAT

BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. PIN

CODE 522238

2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA

PRADESH. GUNTUR DISTRICT. . PIN CODE 522503

3. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT AT

BAPATLA. . PIN CODE 522101

4. THE SUPERINTENDENT OF POLICE, PRAKASHAM, PRAKASHAM

DISTRICT. . PIN CODE 523001

5. THE

COMMISSIONER

OF

POLICE,

N.T.R.,

POLICE

COMMISSIONERATE, VIJAYAWADA CITY, N.TR. DISTRICT. . PIN

CODE 520001

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tobe pleased to issue a Writ, Order or direction, moreparticularly, 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-ll) Department, dated 6-9-2013, keeping in view of the judgment of the Honble High Court in W.P.No.21172/2 014 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 Honble Supreme Court of India and not implementing Government Circular Memo.No.20871/ Legal.il/A2/2014 dated 4-11-2015

forgiving effect to G.O.Ms.No.212 Home (Legal-ll) Department, dated 6-9- 2013, orders of DGR, dated 14-12-2015 and Circular Orders of DGR, dated 22-10-2016 for granting Notional Seniority and promotion in the posts of Head Constables with effect from 1- 1-2014, on par with their colleagues in whose favour the S.R, Kurnool passed orders on 19-12-2019, S.R, Ralnadu, dated 12-6-2023, and recent orders passed by the S.R, Anantapur, for granting notional seniority, for implementation of the orders passed in W.RNo.5587/2025, as illegal, arbitrary and violates the Articles M, 16 and 21

of the Constitution of India and consequentially declare that the petitioners are entitled for fixation of notional seniority with effect from 1-1-2014 with consequential benefit of promotion to the post of Assistant Sub Inspector of Rolice/Sub Inspector of Police, on par with their colleagues/juniors, with all consequential attendant benefits, as per the orders passed by various Superintendents of Rolice, implementing the recent orders of the Honble High Court and to pass such IA NO: 1 OF 2026

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 be pleased to issue an Interim order, directing the Respondents forthwith to consider the cases of the petitioners for granting notional seniority on par with their colleagues/juniors and the orders passed by this Court in W.P.No.31327/ 2024 dt.21.1.2025, and orders of S.P, Palnadu, dated 12-6- 2023, and the orders passed by the S.P., Kurnool, on 19-12-2019 and recent orders passed by the S.P., Anantapur, duly implementing the orders of Government Memo dt.4.11.2015, DGP Memo dt. 14.12.2015 keeping in view of the orders passed in W.P.No. 14443/2020, dated 3-8-2022 and Government Orders

and

DGPs’

Memos.

Circular

Memo.No.20871/

Legal.il/A2/2014, dated 4-11-2015, Circular Memo., issued by the learned DGP in Rc.No.674/E3/2016, dated 22-10-2016, pending disposal of the Writ Petition and to pass such Counsel for the Petitioner(S):

1. P V RAMANA

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following:

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ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for the respondents.

2. The above writ petition is filed to declare the action of the respondents 3 and 4 in not implementing the Government order 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 DGP vide Rc.No.674/E3/2016, dated 22.10.2016 granting notional seniority and promotion w.e.f. 01.01.2014, as illegal and arbitrary.

3. Learned counsel for the petitioners would submit that all the petitioners were appointed as A.R. Constable. They were converted as Constable in Civil in October 2010. The petitioners are eligible for promotion to the post of Head Constable by October 2013 and latest by 01.01.2014 against the vacancies available in the panel year of 01.01.2014. Learned counsel would also submit that the minimum period of five years for 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.

4. 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 of Andhra Pradesh 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.

5. All the petitioners have completed three years of service as of 11.10.2013, 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 the 1993 and 1996 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 (Ex.P.6) considered 51 Head Constables for notional seniority for the years 2014 and 2015 as per the eligibility and seniority, keeping in view, G.O.Ms.No.212 Home (Legal-II) Department, dated 06.09.2013 and the circular orders issued by DGP.

6. 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 (Ex.P.15).

7. Since the petitioners' cases were not considered, the petitioners made representation dated 19.12.2024 furnishing all details to respondents. However, there is no response, and hence the above writ petition is filed.

8. Learned Government Pleader would submit that the respondents will consider the representation 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.

9. 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 3 and 4 to consider the representation made by the petitioners dated 19.12.2024 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 (08) weeks. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

__________________ D. RAMESH, J Date:30.01.2026 RMD

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 2527/2026

Date:30.01.2026 RMD

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