The High Court dismissed a writ petition filed by a retired police officer seeking promotion to the IPS cadre. The court observed that since the petitioner had retired during the pendency of the petition, the relief sought could not be granted.
Dismissal of the writ petition with no order as to costs; subsequent miscellaneous applications 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.
I I i
[3318 J
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE NINETEENTHDAY OF OCTOBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICEABHINAND KUMAR SHAVILI AND
THE HONOURABLE SRIJUSTICENAMAVARAPU RAJESHWARRAO
WRIT PETITION NO: 29476 OF 2010
Between:
Mr. G.Amarnath, S/o G.Subba Rao, aged 51years, Occ :Superintendent of Police/Chief Vigilance Officer, Southern Power Distribution Company ofA.P. Ltd. Tirupathi, A.P. R/o 502, Satyanarayana Enclave, Street No.10,Lingampally, Barkatpura, Hyderabad.
...PETITIONER
AND
Petition under Atlicle226 of the constitutionof lndiaprayingthat in the circumstances statedin the affidavitfiled therewith,the High court maybe pleased to issue an order, direction orwrit more particularly one in the nature of writ of certiorari orany other appropriatewrit after calling for the reclrds,set aside the orderin o.A trlo.t ot g of 2009,dated 2g-7 -20100n the file of the Hon,ble centralAdministrative Tribunal,HyderabadBench at Hyderabadand consequently directthe Respondents to reviewthe selection heldon 9-11-2009 for the'years 2008 and2009 for promotionto the post of IPS cadre strictlyin accordancewithDOPTO.M.NoF.220lll5/86-EsttD,datedl0-3-1989and O.M.ruo.tol+tlz3-Estt.(sCT),daled2o-7-1974 treating the promotionto IPS cadre as apromotion from Group-Bto lowest rung of Group-A service'
1 OF
Petition under section151 CPC praying that in the circumstancesstated in the affidavit filedin support of the petition, the High courtmay be pleased.to ;;;p;"d the orderin o.A.lo.rorsof 2009 dated 29-7-2010on the file of the Hon,ble centralAdministrative Tribunal,HyderabadBench at Hyderabadwith further directionsto the Respondentsto consider the claim of the WritPetitioner ioi-pioroiion in termsot obpr o M No F.22011l5/86-EsttD, dated10-3-1989 dated 2o-7-1974 for promotionto the post of "no'o.u.tto.to/41l73-Estt.(SCT), IPS cadre.
t.A. F P t0
Petition Under section151CPC praying that in the circumstancesstated in the affidavit filedin support of the petition, the High court may be pleasedto receive the additionalmaierialpapersfiled by the petitioner herein and pass
l.A. :1 OF 2011(WPMP. : 28661 OF 20111
Petition under section151CPC praying that in the circumstancesstated in the affidavit filedin support of the petition, the Hign court maybe pleased _to direct the Respondentsto consider the candidatureof the writ Petitioner for promotion to lis cadre stricflyin terms of the DopTo.M. No. F.2201115186- 'Estt.D, dated 1o-3-.1989 and consequential promotion for the panel year 20102011.
NI.) 't1 P NO: 2011
PetitionUnderSectionl5lcPcprayingthatinthecircumstancesstated in the affidavit filed in supportof the petition, the High court may be pleased to pending disposal of writ Petition itis prayedthat Hon'ble courtmay be pleased to stay the selectionof IPS for 2010 and2011.
P 15
Petition Under Section 15't CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file a Addl. documents in WP.No.,29476 of 20'10 and pass
such otherorder or orders as the above Hon',blecourt may deem fit and.proper under thecircumstancesof the case. 1. Date of Document -12'11'2009' Particularsof the Document - Representationsubmittedby the Petitionerto the chiefsecretary,Gor"rnr"ntofAndhraPradesh,secretariat,Hyderabad'2' Date ofDocument---19.09.2011, Particulars of the Document - MemoNo' 70/Camp-digt2o11-StatementsrecordedfromoneMr.lndrasenaGoudandMr. G. Buchaiahalong with cross examinationby the charged office-rs 3.'.Dateof Document -26.07.2011, Particularsof the tiocument- Status of Petitioner in respect of thep"it*rrnce pertainingto his service. 4' Date of Document- 15.OZ.ZO14,Particularsof the Docum6nt - Hon'ble Supreme Courtjudgment in case of civilAppeal No. 6046-6047 ot 2oo4.5.Date of Document - 09'01 '2015' particulars of the Document - Hon'bleSupreme court judgment in case of civil Appeal No.209of2015.
Gounsel forthe Petitioner:SRI.GOPALA KRISHNA KALANIDHI
COUNSCI fOrthEPEtitiONETNOS.1 &2:SRI.V. RAMESH REDDY' SC FOR CENTRAL GOVERNMENT
counselforthe RespondentNos,3 to 5 : M/s.K.UDAYASRI/GP FOR HOME
Gounselfor theRespondentNo.6: SRI.B.NARASIMHA SARMA
counsel for theRespondentNos.7 to 9 : M/s.S.SIVA KUMARI
Counsel for theRespondentNo.10 : --
The Court madethe followingORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILT
AND
THE HOII'BLE SRI JUSTICE NAIUAVARAPU RAJESHWAR RAO
WRIT PETITION No.29476 of 2O1O
ORDER: (Per the Hon'ble Si Justice Abhtnand Kumar Shauili)
When the matter is taken up for hearing, it is noticed that that the petitioner has retired from service duringthe pendency of the present writ petition and the relief sought bythe petitioner at this point of time cannot be granted.
no order as to costs.
SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR
To
//TRUE COPY//
ea
SECTION OFFICER
1 L*gCC to GP FOR HOME, High Court for the State of Tetangana at Hyderabad. (OUT) 32 one 9ry.99 ccto to sRt.GopALASRt.vRAMESH KR|SHNAREDDv. KALANtDHt, SC ron ie'riiir,ii''Advocate [opuc] gov^E EryM-q ryr, Advocare toPUCl 4.q 6. 7. 8. tri ff f"fr5PIdffffi #!j,lit,,s; " 1.,,.1 S.A. BS >v-
HIGH COURT
DATED:1911012022
3 E
WP.No.29476 ot2010
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DISMISSING THEW.P
WITHOUT COSTS.
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2 issues framed by the court
Whether a petitioner who has retired from service during the pendency of the writ petition can be granted the claimed relief regarding promotion.
Whether the High Court can exercise its writ jurisdiction to set aside an order concerning IPS cadre promotion after the petitioner's retirement.
2 provisions across 2 enactments
Mr. G. Amarnath
Union of India
Government of Andhra Pradesh
Union Public Service Commission
Abhinand Kumar Shavili
Namavarapu Rajeshwar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
