The challenge to the seniority list of Telangana State Special Police Reserve Sub-Inspectors concerned quotas for direct recruits and rank promotees. The Court permitted withdrawal and dismissed the writ petition as withdrawn, without costs, closing pending miscellaneous petitions.
Permission to withdraw the writ petition.
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.
132571
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
WRIT PETITION NO: 14304 OF 2020
Between:
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B. Prashanthkumar, S/o Ram Chandar, Age.35 Years, Occ. TSSP RSIR/o. 45-4-121 , Gorrekunta, Warangal
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H.No. 8-9, Marlu, S.S.Gutta, l\rlahbubnagar ,Pin . 509001.
V.Munavath Thanda, D.Nalgonda - 508243
1-83, V. Madhapuram, M. Devaruppula, D. Jangaon - 506302
Hanamkonda, Warangal(U), 506001
RSI R/o. 1-19 Thimmakapally Raipol, Siddipet 502278
5-11-94311, V.Pochamma Kunta, M_Hanamkonda, D. Warangal
3-10-210, V. Reddy Colony, tvl Hanamkonda, D. Warangal Urban
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Rl/o. H.No. 6-86/8, V. Chinnapendial, M. Chilpur, D. Jangaon,
TSSP RSl, R/o. H.No. 18-18112, Teachers Colony, Man. Huzur Nagar, D. S urya pet,
'169. V. Ganesh, S/o Jagadeshwar, Age. 28 Years, Occ. TSSP RSI F/o. Address- H.No-2-6-254, Shiva Veedhi, Jagtial, Pin 505327
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PJo. 3-13215 St Colony Manchukonda Khammam 507182
177.V. Thirupathi Goud, S/oV.Sammaiah,Age.34 Years,Occ. TSSP RSI FUo. H.No 1-66 V. Koppur, M. Bheema DevaraPally, D.WarangalUrban.
'179.Y. Vijay Tejaswi, S/o Y. Sathaiah, Age. 32 Years, Occ. TSSP RSI Fl/o. H.No 7-9150/1 Sri Ramnagar Colony, Nalgonda
180.Y. Vinay, S/o Ashok, Age. 27 Years, Occ. TSSPRSI No.2O-14-2131C, Perikawada, Fort Warangal(East Fort), Warangal 506002
.....PETITIONERS
AND
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(RR 5 to'19 are impleaded as per Court Order dt.2317121 in lA.No.4/2020)
...RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 2nd Respondent in preparation of Provisional Seniority List of RSls of TSSP Bns as on 0110112020 in which promoting the Rankers much more than their quota of 30 Percent and d isproportion ate to direct recruitment candidates of 1Bl by 0110112020 which is just 34 Percent of 533 cadre strength against the earmarked percentage of 70 Percent which result in depriving of promotions for RSls of direct recruitment for next 10-1 2 years AND lmplementation of old G.O.Ms.No. 69 (Police-D) department daled 71411997 which is 66.2/3 Percent and 33.1/3 Percent direct recruit to rankers instead of current and new G.O.Ms.No.96 Home (Legal) Department dated 31112120'l 5 which stipulates 70 Percent and 30 Percent respectively as illegal. arbitrary, discriminatory, against the principles of natural justice and violative of Art 14, and 16 of the Constitution of lndia and consequently, direct the 2nd Respondent to Set aside the Provisional Seniority List of RSls of TSSP Bns as on O1lO1l202O which is made wholly unequal and discriminatory and violative of equal opportunity AND direct them to prepare a new Provisional Seniority list for both 2017 and 2018 by taking G.O.Ms.No.96 Home (Legal) Department dated 3111212015 which stipulates 70 Percent of direct recruits and limiting rank promotees to 30 Percent of rank promotees by taking year-wise vacancy positions in to consideration as quota is not referable to cadre strength but to year-wise vacancy posrtions.
l.A.NO:1 OF 2020
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 to direct the 2nd Respondent to direct to prepare new Provisional Seniority list for both 2017 and 2018 by taking G.O.tt/s.No.96 Home (Legal) Department dated 3111212015 which stipulates 70 Percent of direct recruits and 30 Percent of rank promotees, pending disposal of the trrlain Writ Petition and pass
I.A.NO:2 OF 2020
Petition under Section'1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to srAY on all further proceedings on 'Provisional seniority List of RSls of rsSp Bns as on 01lo1l2o2o to the extent of excess promotions more than 30 percent, pending disposal of the main writ petition.
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|.A.NO:3 OF 2020
Petition under Section'l 51 CPCpraying that in the circumstancesstated in the affidavit filed in supportof the petition,the HighCourt may be pleasedto issue a Writ, Order or directionmore particularly one in the natureof Writ of Mandamus by declaring the action of the2nd Respondent inpreparation of 'Provisional Seniority List of RSls of TSSP Bns as on 01-O1-2020'which is to be the Final Seniority List since theobjectionsraised by thepetitionerswere rejected, in whichpromoting the Rankersmuch more thantheir quota of 30% and disproportionate to direct recruitmentcandidates of 181 by 01-01-2020whichjust 34% of 533 cadre strength against the earmarkedpercentage of70% which result in depriving ofpromotions for RSls of direct recruitmentfor next10-12 years AN lmplementation of old G.O.Ms.No. 69 (Police-D) department daled 7-4' 1997 which is 66.2130/o and 33.113o/o direct recruit to rankers instead of current and new G.O.Ms.No.96 Home(Legal)Department dated 31-12-2015which stipulates 70o/o and 30% respectively as illegal, arbitrary, discriminatory, against the principles of naturaljustice and violative of Art 14, and 16 of the Constitution of lndia and consequently, direct the 2nd Respondent to Set aside the 'Provisional Seniority List of RSls of TSSP Bns as on 01-O1-202O'which is made wholly unequal and discriminatory and violative of equal opportunity AND direct them to prepare a new Provisional Seniority list for both 20'17 and 2018 by taking G.O.Ms.No.96 Home (Legal) Department daled 31-12-20'15 which stipulates 70% of direct recruits and limiting rankpromotees to 30% of rankpromotees by taking year-wise vacancy positions in to consideration as quota is not referable to cadre strength but to year-wise vacancypositions and topass order or orders as this Hon'ble Court may deem fit andproper in the circumstances of the case andin the interest of Justice." INSTEAD OF"ln the circumstances stated above, the petitioners herein pray that this Hon'ble Court may be pleased to issue a Writ, Order or direction moreparticularly one in the nature of Writ of Mandamus by declaring the action of the 2nd Respondent inpreparation of'Provisional Seniority List of RSls of TSSP Bns as on 01-01-2020', in whichpromoting the Rankers much more than theirquota of 30% and disproportionate to direct recruitment candidates of 181 by 01-01-2020 which isjusl 34o/o of 533 cadre strength against the earmarkedpercentage of 70Y" which result in depriving of promotions for RSls of direct recruitment for next 10-12 years AND lmplementation of old G.O.Ms.No. 69(Police-D) department dated 7-4-1997 which is 66.3% and 33.113o/o direct recruit to rankers instead of current and new G.O.Ms.No.96 Home (Legal) impartment daled 31-12-2015 which stipulates 70% and 30% respectively as illegal, arbitrary, discriminatory, against theprinciples of naturaljustice and violative of Art 14, and 16 of the Constitution of lndia and consequently, direct the 2nd Respondent to Set aside the'Provisional Seniority List of RSls of TSSP Bns as on O1-O1-202O' which is made wholly unequal and discriminatory and violative of equal opportunity AND direct them toprepare a new Provisional Seniority list for both 2017 and 2018 by taking G.O.Ms.No.96 Home (Legal) Department daled 31-12-2015 which stipulates 70% of direct recruits and limiting rank promotees to 30% of rankpromotees by takingyear- wise vacancy positions in to consideration asquota is not referable to cadre strength but toyear-wise vacancypositions.
1a
Counsel for the Petitioners : Sri.Ramesh Chilla
Counsel for the Respondent Nos.1 to 4 : GPFor Home
Counsel for the Respondent Nos.5 to 19 : -
The Court made the following ORDER
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.14304 of 2O2O
ORDER
Learned counsel for the petitioner seeks permission of this Court to withdraw the writpetition and made an endorsement to that effect on the E.B
order as to costs.
Pending miscellaneouspetitions if any, shall stand closed.
SD/-G.S|REESHA ASSTSTANT I REGTSTRAR //TRUE COpy// SECTION OFFICER
To
1 . Two CCs to Gp For Home, High Court for the State of Telangana at Hyderabad. [OUTt ?. 9n"CC to Sii.RameshChilla,Advocate tOpUCI 3. Two CD Copies
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HIGH COURT
DATED:1 810812023
ORDER
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WP.No.14304 of 2020
DISMISSING THE W.P
AS WITHDRAWN WITHOUT COSTS.
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A. Ashok
The State of Telangana
The Addl. Director-General of Police
The lnspector-General of Police
The Director-General of Police
Ch. Pichi Reddy
JUWADI SRIDEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
