Y Ramaswamy Vs the State of Ap

V.SREENIVASULU,, S/O.V.ANJANEYULU, AGE 62 YEARS, WORKING AS HEAD CONSTABLE, GENERAL NO HC.2031, KURNOOL, KURN O OL DISTRICT. PIN CODE 518001 (WORKING AT RSASTF., TIRUPA T HI, (ON DUTY).

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C.SEKHAR,, S/O. C .L.NARASAIAH, AGE 56 YEARS, WORKING AS HEAD CONSTABL E , GENERAL NO HC.536, KURNO O L ONE TOWN P.S., KURNOOL DISTRICT. PIN CODE 518001

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C.Y. SUBBAIAH, , S/O.NADIPI YELLAIAH, AG E 56 YEARS, WORKING AS H EAD CONSTABLE, GENERAL NO HC.585, WORKING AT PANYAM, NANDYAL DISTRICT. PIN C O DE 518501

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B.JAGANNATHA,, S /O.B.LINGANNA, AGE 56 YEARS, WORKING AS HEAD CONSTAB L E, GENERAL NO HC.1492, VE L UGODU P.S., NANDYAL DISTRI C T. PIN CODE 518501

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G.SHANKARA,, S/ O .G.HANUMANNA, AGE55 YEARS, WORKING AS HEAD CONSTAB L E, GENERAL NO HC.633, W ORKING AT NANDYAL 3 TOW N P.S., NANDYAL DISTRICT. PIN C O DE 518501

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V.MADDILETI,, S/ O .BOJJANNA, AGE 56 YEARS, W ORKING AS HEAD CONSTABL E , GENERAL NO HC.730, WORKI N G AT MAHILA P.S., KURNOOL, K URNOOL DISTRICT. PIN CODE 51 8 001

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N.MADHAVA RAO,, S/O.M.C.THIMMAIAH, AGE 56 YEARS, WORKING AS HEAD CONSTABLE, GENERAL NO HC.764, WORKING AT VELUGODU P.S., NANDYAL DISTRICT. PIN CODE 518501.

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...PETITIONER(S)

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. PIN CODE 522238

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THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA PRADESH. GUNTUR DISTRICT. PIN CODE 522001

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THE SUPERINTENDENT OF POLICE, KURNOOL. PIN CODE 518001

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THE SUPERINTENDENT OF POLICE, NANDYAL. PIN CODE 518501

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

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1.P V RAMANA

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 3561 OF 2026

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ORDER:-

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This Writ Petition is filed under Article 226 of the Constitution of India

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seeking the following relief:

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“….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the Respondents in not implementing the Government Orders in G.O.Ms.No.212 Home (Legal-II) Department, dated 6-9-2013, keeping in view of the judgment of the Hon'ble High Court in W.P.No.21172 of 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 the Government Circular Memo.No.20871/Legal.ll/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 for granting Notional Seniority and promotion with effect from 1-1-2014 on par with our colleagues/juniors with effect from 5-8-2014 and in spite of implementing the said orders by the on whose favour the S.P., Kurnool, S.P., Palnadu, and various other S.Ps., as based on the orders of the Hon'ble High Court in 14443 of 2020, dated 3-8-2022, 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 notional promotion on par with their juniors with effect from 5-8-2014 duly considering their representations and further promotion to the posts of Assistant Sub Inspectors of Police …”

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Heard Sri A. Kishore Kumar, learned counsel, representing Mr.

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P.V.Ramana, learned counsel for the Petitioners and learned Government

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Pleader for Home for the Respondents.

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Learned counsel for the petitioners would submit that all the Petitioners were appointed as A.R. Constables. 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 (LegalII) 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.

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The Government issued Circular Memo No.20871/Legal.II/A2/2014, dated 04.11.2015 and directed the learned Director General of Police to take necessary action. In turn, the learned Director General of Police 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.

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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 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.

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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 .

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Since the Petitioners' cases were not considered, the Petitioners made several representations dated 01.11.2025, 07.11.2025, 22.11.2025,

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02.01.2026, 19.01.2026, 24.01.2026 and 30.01.2026, furnishing all details to Respondents. However, there is no response, and hence the above writ petition is filed

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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 Director General of Police.

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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 01.11.2025, 07.11.2025, 22.11.2025, 02.01.2026, 19.01.2026, 24.01.2026 and 30.01.2026 and 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 Director General of Police, 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, from the date of receipt of a copy of this order.

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There shall be no order as to costs. Miscellaneous petitions pending, if

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any, shall stand closed.

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__________________ JUSTICE D.RAMESH

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Date: 09.02.2026

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KK

Y Ramaswamy v. the State of Ap

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Y Ramaswamy v. the State of Ap

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