WA/999/2025 of Sk. KhaderMasthan, Vs M RAKSHNA KUMAR on 28 January 2026

1. SK. KHADERMASTHAN,, S/O. HASSAN SAHEB, AGED ABOUT 58 YEARS, G.NO.ASI-1810, PRESENTLY WORKING AT TADA PS, TIRUPATI DISTRICT.

2. Y MALYADRI,, S/O. MALAKONDAIAH, AGED ABOUT 54 YEARS, G.NO. ASI-1810, PRESENTLY WORKING IN INTELLIGENCE, NELLORE DISTRICT.

3. B. MUNI RAO,, S/O. RAMA SWAMY, AGED ABOUT 52 YEARS, G.NO. ASI-1814, PRESENTLY WORKING AT VEDAPALEM PS, NELLORE CITY.

4. P RAJA GOPAL,, S/O. P. SIVARAMIAH, AGED ABOUT 54 YEARS, G.NO. ASI-1816, PRESENTLY WORKING AT GUDLURU PS, NELLORE CITY.

5. M VENKATESWARLU,, S/O. SUBBA RAO, AGED ABOUT 56 YEARS, G.NO. ASI-1817, PRESENTLY WORKING AT INDUKUR PET PS, NELLORE CITY.

6. K UMAMAHESWARA RAO, S/O. K. CHANDRA SEKHAR, AGED ABOUT 53 YEARS, G.NO.ASI-1823, PRESENTLY WORKING AT SOUTH TRAFFIC PS, NELLORE CITY.

7. SK. AHMED BASHA,, S/O. SM HANEEF, AGED ABOUT 54 YEARS, G.NO.ASI-1824, PRESENTLY WORKING AT GUDUR I TOWN PS, TIRUPATI DISTRICT.

8. M V RAMANA REDDY,, S/O. MUSALA REDDY, AGED ABOUT 58 YEARS, G.NO.ASI-1825, PRESENTLY WORKING AT DARGAMITTA PS, NELLORE DISTRICT.

9. V MADHAVARAO,, S/O. SURYANARAYANA, AGED ABOUT 54 YEARS, G.NO.ASI-1830,

PRESENTLY WORKING AT VEDAYAPALEM PS, NELLORE CITY.

10. C VENKATESWARARAO,, S/O. SAI BABA, AGED ABOUT 53 YEARS, G.NO.ASI-1832,

PRESENTLY WORKING AT DSB TIRUPATI, TIRUPATI DISTRICT.

11. SK. KARIMULLAH,, S/O. MD. GOUSE, AGED ABOUT 52 YEARS, G.NO.ASI-1833, PRESENTLY WORKING AT VIDAVALUR PS, NELLORE DIST.

12. CHSURENDRABABU, S/O. VENKATARAMANIAH, AGED ABOUT 56 YEARS, G.NO.ASI-1834, PRESENTLY WORKING AT NELLORE RURAL PS, NELLORE DISTRICT, ANDHRA PRADESH.

13. C. SRIDHAR RAO, S/O. KRISHNAIAH, AGED ABOUT 56 YEARS, G.NO.ASI-1835, PRESENTLY WORKING AT ISKAPALLI MARINE PS, NELLORE DISTRICT, ANDHRA PRADESH.

14. N MUNIKRISHNAIAH, S/O, GURAVAIAH, AGED ABOUT 56 YEARS, G.NO.ASI-1837, PRESENTLY WORKING AT V SATRAM PS, NELLORE DISTRICT, ANDHRA PRADESH.

15. SK. BABA, S/O. SK. KHADERBASHA, AGED ABOUT 56 YEARS, G.NO.ASI-1838, PRESENTLY WORKING AT KRISTNAPATNAM PORT PS, NELLORE DISTRICT, ANDHRA PRADESH.

16. V SRINIVASULU,, S/O. V PONDAIAH, AGED ABOUT 56 YEARS, G.NO.ASI-1839, PRESENTLY WORKING AT KOVUR PS, NELLORE DISTRICT, ANDHRA PRADESH.

17. SK. KALESHA,, S/O. SK. HABEBBASHA, AGED ABOUT 54 YEARS, G.NO.ASI-1841, PRESENTLY WORKING AT SOUTH TRAFFIC PS, NELLORE CITY AND DISTRICT, ANDHRA PRADESH.

...APPELLANT(S)

AND

1. M RAKSHNA KUMAR, S/O.SAMUEL, AGE 54 YEARS, WORKING AS HEAD CONSTABLE (G.NO.1691), NELLORE UNIT, T.P.GUDUR P.S. SPSR NELLORE DISTRICT.

2. UDATHA YEDUKONDALU, S/O. SURYANARAYANA, AGE 64 YEARS. WORKING AS HEAD CONSTABLE (G.NC. 1683), NELLORE UNIT, SOUTH TRAFFIC NELLORE P.S., SPSR NELLORE DISTRICT.

3. T PRABHAKAR, S/O. KOTESWARA RAO, AGE 54 YEARS. WORKING AS HEAD CONSTABLE (G.NC. 1674), NELLORE UNIT, GSP NELLORE P.S. SPSR NELLORE DISTRICT

4. G SAMUEL, S/O.SWAMIDAS, AGE 57 YEARS, WORKING AS HEAD CONSTABLE, (G.NO.901), NELLORE UNIT, KODAVALURU P.S.,

5. Y PAPAIAH, S/O. CHENCHAIAH, AGE 57 YEARS, WORKING AS HEAD CONSTABLE (G.NO.492) NELLORE UNIT, APTRANCO P.S., SPSR NELLORE DISTRICT

6. M G R SRINIVASULU REDDY, S/O. VENKU REDDY, AGE 54 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.498), NELLORE UNIT, INDURUKUPET P.S. SPSR NELLORE DISTRICT

7. P JAGADISH, S/O. KONDAIAH, AGE 55 YEARS, WORKING AS HEAD CONSTABLE (G.NO.502) NELLORE UNIT, T,P, GUDUR P.S. SPSR NELLORE DISTRICT.

8. A SEETHARAMAIAH, S/O. SESHAGIRI RAO, AGE 55 YEARS. WORKING AS HEAD CONSTABLE (G.NO.508 NELLORE UNIT, T,P, GUDUR P.S. SPSR NELLORE DISTRICT

9. D ISMAIL ZABIULLA, S/O. JAFFAR KHAN, AGE 56 YEARS.

DUTHALURU P.S SPSR NELLORE DISTRICT

10. T RAMESH BABU, S/O. RAJA RATHNAM, AGE 57YEARS, WORKING AS HEAD CONSTABLE (G.NO.573), NELLORE UNIT, VR NELLORE PS SPSR NELLORE DISTRICT

11. M PRASAD, S/O. SESHAIAH, AGE 54 YEARS, WORKING AS HEAD CONSTABLE, (G.NO.611) NELLORE UNIT SOUTH TRAFFIC NELLORE P.S. SPSR NELLORE DISTRICT

12. M VENKATESWARLU, S/O. SANKARAIAH, AGE 56 YEARS. WORKING AS HEAD CONSTABLE (G.NO.614), NELLORE UNIT

(NOW TIRUPATHI DIST)., KOTA PS, SPSR NELLORE DISTRICT.

13. VANKA CHANDRA SEKHAR, S/O. VENKATARAMAIAH, AGE 56 YEARS. WORKING AS HEAD CONSTABLE (G.NO.625), NELLORE UNIT,NAIDUPET P.S., SPSR NELLORE DIST.

14. K RAVINDRA, S/O. CHENNAIAH, AGE 56 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.938) NELLORE UNIT, KRISHNAPATNAM P.S. SPSR NELLORE DISTRICT

15. V VIJAYUDU, S/O. SUBBARAMAIAH, AGE 55 YEARS, WORKING AS HEAD CONSTABLE, (G.NO.958) NELLORE UNIT, INTELLIGENCE VIJAYAWADA P.S. SPSR NELLORE DISTRICT..

16. SANTURU PRASAD RAO, S/O.JOHN, AGE 56 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.1170) NELLORER UNIT, CHITTAMURU PS SPSR NELLORE DISTRICT

17. SK SHABBIR, S/O. RAHAMAN, AGE 57 YEARS. WORKING AS HEAD CONSTABLE, (G.NO.43) NELLORE UNIT, SANGAM PS SPSR NELLORE DISTRICT

18. S SUNDARA RAMI REDDY, S/O. RAJA RATHNAM, AGE 56 YEARS. WORKING AS HEAD CONSTABLE (G.NO.116), NELLORE UNIT, SOUTH TRAFFIC NELLORE PS, SPSR NELLORE DISTRICT

19. K V NV PRASAD RAO, S/O. RANGAIAH, AGE 56 YEARS.

DARGAMITTA PS SPSR INELLORE DISTRICT

20. DUDI VENKATESWARLU, S/O. CHINA KRISHNAIAH, AGE 54 YEARS. WORKING AS HEAD CONSTABLE,NELLORE UNIT, INTELLIGENCE NELLORE ZONE PS SPSR NELLORE DISTRICT

21. SYED ABDUL SALEEM, S/O.S.A.KHUDDUS, AGE 57 YEARS. WORKING AS HEAD CONSTABLE (G.NO. 1741) NELLORE UNIT, SOUTH TRAFFIC PS SPSR NELLORE DISTRICT.

22. DARLA BHASKAR, S/O. SUNDARAIAH, AGE 56 YEARS. WORKING AS HEAD CONSTABLE (G.NO.1386) NELLORE UNIT, PODALAKURU PS SPSR NELLORE DISTRIC

23. EDUPALLIKOTESWARA RAO, , S/O.BALAIAH, AGE 54 YEARS.

WOMEN PS SPSR NELLORE DISTRICT

24. A MALLIKARJUNA RAO, S/O. SUBBAIAH, AGE 59 YEARS.

DSR NELLORE PS SPSR NELLORE DISTRICT

25. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT

HOME DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI,

AMARAVATHI, GUNTURU DISTRICT.

26. THE DIRECTOR GENERAL POLICE, MANGALAGIRI, A.P., GUNTUR DISTRICT

27. THE INSPECTOR GENERAL OF POLICE COASTAL RANGE, GUNTUR DISTRICT.

28. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT,

29. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT,

30. THE SUPERINTENDENT OF POLICE, SPS NELLORE DISTRICT, NELLORE.

...RESPONDENT(S): IA NO: 1 OF 2025 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 may be pleased to dispense with the filing of certified copy of order dated 21.1.2025 passed in WP.No.31327 of 2024, pending disposal of the above Writ Appeal and pass such IA NO: 2 OF 2025 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 may be pleased to grant leave to the Petitioners /Appellant Nos.1 to 17 to prefer the Writ Appeal against the order dated 21.01.2025 passed in WP.No.31327 of 2024and pass such IA NO: 3 OF 2025 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 may be pleased to condone the delay of 200 days in filing the above Writ Appeal against the order dated 21.01.2025 in WP.No.31327 of 2024, in the interest of justice and to pass such IA NO: 4 OF 2025 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 may be pleased to stay the operation of order dated 21.01.2025 passed in WP.No.31327 of 2024, pending disposal of the above Writ Appeal and pass such Counsel for the Appellant(S):

1. N ASHWANI KUMAR Counsel for the Respondent(S):

1. GP FOR SERVICES I

2. P V RAMANA The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA I.A.Nos.2 and 3 of 2025 IN /AND

WRIT APPEAL No.999 of 2025

COMMON ORDER:(Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

1. The appellants / petitioners herein are third parties to the proceedings in W.P.No.31327 of 2024 claiming that they are affected and they filed W.A.No.999 of 2025.

2. They have filed an application vide I.A.No.2 of 2025 for granting leave to prefer the Writ Appeal against the order dated 21.01.2025.

3. I.A.No.3 of 2025 is also filed by the appellants seeking condonation of delay of 200 days in filing the Writ Appeal against the orders dated 21.01.2025 in W.P.No.31327 of 2024.

4. The facts leading to the filing of the present Writ Appeal are as under:

(i) . Respondent Nos.1 to 24 filed W.P.No.31327 of 2024 against Respondent Nos.26 to 30 herein. The prayer sought in the said writ petition was to declare the action of the respondents therein in not implementing the Government Orders issued in G.O.Ms.No.212, Home (Legal-II) Department, dated 06.09.2013, keeping in view of the judgment of this Court in W.P.No.21172 of 2014 and batch dated 22.01.2015, in spite of confirming the said Judgment in S.L.P.Nos.7325-7326 of 2015, dated 23.03.2018 by the Hon’ble Supreme Court of India and in not implementing Government Circular

Memo No.2087/Legal.II A2/2014, dated 04.11.2015, giving effect to G.O.Ms.No.212, Home(Legal-II) Department, dated 06.09.2013, orders of DGP., dated 14.12.2015 and Circular Orders of DGP., dated 22.10.2016 for granting notional seniority and promotion with effect from 01.01.2014 on par with colleagues, in whose favour the S.P., Kurnool passed orders on 19.12.2019 and the S.P., Palnadu passed orders dated 12.06.2023, based on the orders of the Hon’ble High Court in W.P.No.14443 of 2020, dated 03.08.2022 and rejecting the case vide orders C.No.7177/A1/2024, dated 18.12.2024, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to declare that the petitioners are entitled for fixation of notional seniority with effect from 01.01.2014 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 12.06.2023.

(ii) . After hearing the said writ petition on relying upon the judgment in S.N. Mukherjee vs. Union of India1 by the Hon’ble Supreme Court of India, the learned Single Judge of this Court was pleased to dispose the said writ petition by setting aside the endorsement issued by respondent No.6 vide C.No.7177/A1/2024, dated 18.12.2025 and the matter was remitted to respondent No.6 therein. Respondent No.6 was directed to consider the representations made by the petitioners objectively, keeping in view the orders 1 1990 (4) SCC 594

passed in the earlier writ petition, the S.L.P. and also the circulars issued by the Government as well the Director General of Police (DGP).

(iii) . In compliance with the said order, the Superintendent of Police, SPSR Nellore District, Nellore passed an order dated 03.07.2025 reverting Assistant Sub-Inspectors of Police (Civil) as Head Constables (Civil).

(iv) . Further, the Superintendent of Police, SPSR Nellore District, Nellore, issued a Show Cause Notice dated 15.07.2025 calling for explanation from the petitioners as to why the reversion order from the post of ASI (Civil) to HC (Civil) should not be taken against them within a week (07) seven days’ time from the date of issue of the notice. Considering the objections submitted by them in the memorandum dated 07.08.2025, the objections raised by the appellants were considered and rejected.

(v) . Thereafter, vide proceedings dated 12.08.2025 out of the 24 writ petitioners, 18 petitioners were reverted as Head Constable (Civil) from the cadre of Assistant Sub-Inspector of Police (Civil). The said proceedings dated 12.08.2025 are under challenge in W.P.No.23201 of 2025 and the same is pending. 5(i). The Writ Appeal i.e.W.A.No.999 of 2025 is filed against the order dated 21.01.2025 passed by the learned Single Judge of this Court in W.P.No.31327 of 2024.

(ii) . The appellants are claiming that the writ petitioners in W.P.No.31327 of 2024 are juniors to them as per the seniority list dated 01.01.2014 and they sought revised seniority. The writ petitioners therein sought notional seniority by suppressing certain aspects. The petitioners were served with notices and were asked to submit their representations to the show cause notice by the concerned officials. The orders in W.P.No.31327 of 2024 dated 21.01.2025, now sought to be impugned, are only directions to consider the representations of the writ petitioners, but the action being taken is different. In this context, to ventilate their grievance, they filed applications for leave and condonation of delay vide I.A.Nos.2 and 3 of 2025. 6(i). The objection of the unofficial respondents is that on 19.03.2025, a show cause notice was issued for granting notional seniority and a second reminder was issued on 27.05.2025 for raising objections, giving details of nearly 194 candidates, but the petitioners did not choose to file any objections.

(ii) . Nineteen (19) candidates raised objections. On 24.04.2025, the Superintendent of Police, S.P.S.R. Nellore District rejected their cases / objections. Again, on 15.05.2025, three (03) of objections raised subsequently were rejected. Thereafter, the final seniority list was issued on 24.05.2025, which was not questioned.

(iii) . On 30.06.2025, the writ petitioners were reverted from the cadre of Assistant Sub-Inspector of Police (ASI) to Head Constable (HC). Based on the said proceedings, posting orders were issued to Constables and Head

Constables on 03.07.2025 and the same was challenged in W.P.No.16934 of 2025 by the appellants / petitioners herein. The order / proceedings dated 03.07.2025 is only a consequential order to the reversion proceedings dated 30.06.2025.

(iv) . The orders in W.P.No.31327 of 2024 dated 21.01.2025 are within the knowledge of the petitioners / appellants herein. Therefore, there are no grounds to condone the delay.

7. It is relevant to note that the appellants / petitioners herein are all writ petitioners in W.P.No.16934 of 2025. The subject matter of the writ petition is the proceedings dated 03.07.2025 as to reversion. The said writ petition was disposed of on 08.07.2025, directing the respondent authorities to call for the explanation, consider the same and also to pass appropriate speaking orders.

8. The present appeal or applications are filed in September, 2025. Even the verification of the affidavit filed in support of the applications is dated 31.08.2025, wherein the proceedings vide W.P.No.16934 of 2025 initiated by the petitioners referred to. In the orders in the said Writ Petition, there is reference to W.P.No.31327 of 2014, now sought to be impugned. The exercise of appellants clearly shows that after disposal of W.P.No.16934 of 2025 vide order dated 08.07.2025, the present appeal and applications are filed.

9. Therefore, the plea that the petitioners that they were not aware of the proceedings and that there are sufficient grounds to condone the delay is found not convincing and we are of the view that there are no sufficient grounds to condone the delay or to grant leave.

10. Therefore, I.A.Nos.2 and 3 of 2025 are hereby dismissed. W.A.No.999 of 2025:

11. Since the applications, i.e. I.A.Nos.2 and 3 of 2025, are dismissed, the Writ Appeal is also dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE BATTU DEVANAND

__________________________________ JUSTICE A.HARI HARANADHA SARMA Date:29.01.2026. Knr

THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA

WRIT APPEAL No.999 of 2025 Date:29.01.2026

Knr