V. Sreenivasulu Vs The State of Andhra Pradesh

V. SREENIVASULU, , S/O. LATE VANNURAPPA AGED ABOUT 45 YEARS, OCC. HEAD CONSTABLE HC823, CCS PS, ANANTHAPURAM, R/O. D.NO.7/420, RAHAMATH NAGAR, ANANTHAPUR, ANANTHAPURAM DISTRICT,

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DIRECTOR GENERAL OF POLICE, , STATE OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT.

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THE INSPECTOR GENERAL OF POLICE, , KURNOOL, KURNOOL DISTRICT.

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THE DEPUTY INSPECTOR GENERAL OF POLICE,

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KURNOOL, KURNOOL DISTRICT.

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THE SUPERINTENDENT OF POLICE, ANANTHAPURAM DISTRICT, ANANTHAPURAM.

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...RESPONDENT(S):

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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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in considering the representation/request of the Petitioner for Notional Promotion as Head Constable w.e.f 11.06.2011 and also promotion as ASI from the date of promotion of immediate junior of petitioner in SC Category as illegal, arbitrary and discrimination and violation of Articles 14, 19 and 21 of the Constitution of India and contrary to the Service Rules and Consequently direct the Respondents to give Notional Promotion to the Petitioner as Head Constable w.e.f 11.06.2011 by considering the repeated representations of the Petitioner and pass

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Counsel for the Petitioner:

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1.KAVITHA GOTTIPATI

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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W.P.No.5012 of 2020

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This Court made the following

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ORDER:

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Learned counsel for the petitioner submits that the petitioner herein was appointed as constable by the respondent authorities on 03.07.1990 and he was placed at the Serial No.31

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as per the merit list prepared for selection of constables in Anantapuram District for the year 1990. While so, the respondents are taking steps for further promotion as Head Constable (HC) as well as for promotion to Assistant Sub Inspector (ASI) in SC category, but ignoring the candidature of the petitioner and by promoting his juniors to the cadre of HC and ASI. Challenging the said action of the Respondents, the present Writ Petition is preferred seeking to consider the services of the petitioner to promote as HC as well as ASI w.e.f 11.06.2011, on which date the petitioner is eligible to promote as HC and thereafter as ASI.

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2. Even after submission of representations, pending writ petition, the respondents have not considered the claim of the petitioner herein. Therefore, the inaction of the respondents in promoting the petitioner by considering the services of the petitioner from 11.06.2011 is illegal and arbitrary.

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3. On the other hand, learned Government Pleader filed counter-affidavit wherein it is stated as under:

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“ 5. It is further submitted that the applicant herein was appointed as Police Constable on 31.07.1990 and he was kept in the list of Sl.No.31 with General No.1823/AN. He was having several punishments with stoppage of increments without cumulative effect for one year in each case i.e., from 2006 to 2012 and hence his promotion was not considered with effect from 11.06.2011. It is further submitted that the allegation that all the punishments are expired by 27.06.2013 is not true. It is to submit that the currency of punishments were expired as on 28.08.2014. As the punishments were under currency he was not entitle for promotion on 11.06.2011 but subsequently after expiry of the punishment of stoppage of increments his promotion was considered notionally with effect from 28.08.2014. It is further submitted that as per the G.O.Ms.No.104, General Administration (Ser.C) Department, dated 16.02.1990 promotion of an individual against whom the disciplinary proceedings are pending the promotion shall be deferred until termination of all proceedings against him. Here in this case as the petitioner was facing punishments hi promotion was not considered as on 11.06.2011 and after expiry of the punishments as the petitioner came under the zone of consideration from 28.08.2014 he was promoted as Head Constable vide D.O.No.1526/2015, dated 17.10.2015 but he was given notional seniority with effect from 28.08.2014 as the punishments were expired.

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6. IN reply to Para 6 of the affidavit that it is to submit that the name of the petitioner was placed in Sl.No.478 is true. It is to submit that as per order 74(1) of APPM the criteria for the promotion of the Police Officers should not be under currency of punishments either major or minor and the applicant was under suspension from 28.02.2011 to 13.06.2011 and hence

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his juniors were promoted eu to which the serial numbers were changed.”

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4. Learned Government Pleader further submits that the petitioner herein is suffered with so many punishments as enumerated above at Para-5 of the counter-affidavit and finally his currency of punishments were expired on 28.08.2014. Therefore, the petitioner is entitled for consideration for further promotion from the date of expiry of currency of punishments i.e., on 28.08.2014. Considering the currency of punishments the petitioner was already promoted as HC vide proceedings dated 17.10.2015. While considering the candidature of the petitioner for promotion as HC only after expiry of currency of the punishments on 28.08.2014. If the petitioner is eligible for any further promotion other than HC for which he already promoted in the year 2015 the petitioner is entitled to make a representation afresh for further promotion and same would be considered by the respondent authorities in accordance with law.

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5. Heard learned counsel for the petitioner and learned Government Pleader For Services-I and perused the material place on record.

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6. In view of the submissions made by both the counsel, it is clear and categorical that the petitioner herein is unable to prove that the currency of punishments are expired on 11.06.2011 itself as contended before the Court. But on the other hand, learned Government Pleader by filing counter-affidavit substantiating that the currency of punishments were expired only by 28.08.2014. It is settled law that as long as the department punishments are pending, the person against whom the currency of punishments are pending and were not completed, he/she is not entitled for any further promotion as well as inclusion at seniority list on par with his juniors. As admitted by the learned Government Pleader in his counter-affidavit since the currency of punishments were already expired on 28.08.2014, the petitioner herein is entitled for consideration for the next promotion and also any further promotion if he is entitled along with his juniors. As contended by learned counsel for the petitioner that the petitioner is entitled for further promotion from HC to ASI by considering the date of completion of currency of charges from 28.08.2014 as ASI along with his juniors is valid as per the seniority list which is in vogue is valid, sustainable and merit submission for the reason that the

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said date of expiry of currency of punishments on 28.08.2014 as admitted by the respondents in their counter-affidavit.

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7. In view of the admitted facts as narrated above, the reasons as explained above, the case of the petitioner for promotion as ASI as admitted by the respondent authorities considering the candidature of the petitioner from 28.08.2014 would be considered as per the seniority list which is in vogue. However, the petitioner is directed to submit a detailed representation to the Respondent Nos.3 to 5 within four (04) weeks from the date of receipt of a copy of this order. After such submission the Respondent Nos.3 to 5 shall consider the same and pass appropriate orders in accordance with law within a period of two months thereafter.

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8. Accordingly, the Writ Petition is disposed of. No costs.

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Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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_________________________________ VENKATESWARLU NIMMAGADDA, J

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DT: 02.04.2026 krk

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA