In this Writ Petition, the Commissioner of Police challenged the AP Administrative Tribunal's order granting a promotion scheme benefit to police constables with 15 years of stagnation. The High Court held the scheme applicable and dismissed the petition.
Writ Petition dismissed. No costs. Pending miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE K.C. BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.23082 of 2004
ORDER:- (per Hon’ble Sri Justice K.C. Bhanu)
The Commissioner of Police, Vijayawada city filed the present Writ Petition challenging the order dated 10-03-2003 in O.A.No.6874 of 1993 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’), whereunder and whereby the Tribunal gave a direction to the respondent authorities to re-fix the applicants in the Special Promotion Post Scale-I from the date of their completion of 15 years of service.
2. The respondents herein are the applicants, and the petitioner herein is the respondent in O.A.No.6874 of 1993. The respondents herein filed O.A. seeking relief that they are eligible for Special Promotion Post Scale-I under the automatic advance scheme with reference to the Government order in G.O.Ms.No.117 Finance and Planning dated 25-05-1981 and G.O.(P).No.2 Finance and Planning dated 04-01-1998 from the date on which they have completed 15 years of service.
3. The factual matrix is not in dispute. The applicants were working as Police Constables under the respondent jurisdiction for more than 15 years as on the date of filing of O.A. The
Government evolved a scheme called Special Promotion Post Scale-I by issuing G.O.Ms.No.117 Finance and Planning dated 2505-1981. The scheme was introduced for the benefit of the candidates who have stagnated themselves in the same category in which they have been working without any promotion for the past 15 years.
4. Learned Government Pleader for Services-I contended that unless the case of the applicants is included in the promotion panel, they are not eligible for the scheme in terms of G.O. and hence, he prays to set aside the impugned order.
5. On the other hand, learned counsel for the unofficial respondents contended that the scheme does not provide the name of the candidate who after completion of 15 years of service, shall be included in the promotion panel and the scheme only provides that when the candidates are eligible for promotion, then only they are entitled for the Special Promotion Post Scale-I in terms of G.O.Ms.No.117 Finance and Planning dated 25-05-1981.
6. As seen from the said G.O. one of the conditions is that for Special Temporary Promotion Post, it is necessary that an employee should be fully qualified for holding the promotion post under the service rules applicable to the post. But the Deputy Secretary to the Government in pursuance of the letter received from the Director General and Inspector General of Police dated 22-06-1989 clarified that the State Government order would be applicable to the personnel who are fully/duly qualified and included in the promotion panel and stagnating in the same cadre
but not to such personnel, who have put in 15 to 22 years of service after conducting a formal test. That is not the object of providing a scheme for the employees who would not get any promotion for a period of 15 years and if they completed 15 years of service without there being any promotion. As per the scheme in G.O. as referred to above an employee is entitled for Special Promotion Post Scale-I provided he is qualified to be promoted as a further promotion from the Constable. For that purpose there is no need to prepare any panel. If the panel is prepared, the applicants would have been promoted to the next higher post. Therefore, the question of eligibility to the promotion is the criteria for giving benefit of the scheme. If they are eligible to the next higher category and they have stagnated for a period of 15 years in the same category of post, then this Special Promotion Post Scale-I shall have to be given to the applicants. The eligibility is with regard to the completion of minimum service of 15 years. So, there is no rule or any order to deny the benefits under the Special Promotion Post Scale-I. It is not a case where any one of the applicants was under suspension or a charge sheet has been issued to any one of them for grave charges or that any punishment was imposed. Therefore, considering all these aspects, the Tribunal rightly directed the respondent authorities to extend the benefits under the said G.O. and that order needs no interference by this Court.
7. Accordingly, the Writ Petition is dismissed. No costs.
8. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
______________________ JUSTICE K.C. BHANU _______________ JUSTICE ANIS June 09, 2014 PN
THE HON'BLE SRI JUSTICE K.C. BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.23082 of 2004
June 09, 2014
PN
1 issue framed by the court
Whether the Tribunal's order directing respondents to re-fix applicants in Special Promotion Post Scale-I occupying 15 years of service needs interference.
Commissioner of Police, Vijayawada city
The applicants
K.C. Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
