Disposed

K.Laxman v. The State of Telangana

Telangana HC28 Feb 2025WP/5887/2022

Case brief

AI extract

What is this about?

Head Constables in Telangana State Special Police sought reversion to Police Constable citing family problems; authorities failed to act on their representations despite a departmental memo permitting reversion after counselling. Relying on an earlier Division Bench order, the Court directed respondents to consider the representations and pass orders in eight weeks.

What did the court decide?

Respondents directed to consider petitioners' representations for reversion from Head Constable to Police Constable and pass appropriate orders within eight weeks.

K.Laxman Vs The State of Telangana — Service and Employment | Telangana HC (2025)

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[³³⁰⁴ ]

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HIGH GOURT FOR THE STATE^{OF TELANGANA,} nfnVOeRnAAO -4'

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(Special Original Jurisdictiotgf^.

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FRIDAY, THE TWENW^{EIGHTH DAY OF FEBRUARY} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HONOURABLE SRI^{JUSTICENAMAVARAPU RAJESHWAR RAO} WRIT PETITION^N OS:^{36609 oF 202426195887AND 15327 0F 2022}

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WRIT PETITION NO: 36609^{oF 2024}

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Between:

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1.T.Murali,S/oT.Gangadhar,Agedabout3Tyrs,Occ-HeadConstable(HCi sosi c'-coy, 7th Bi,^{(TssP);Dichpalli,Nizamabad District'}

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z. i. -rr11Slresn, s'lb r.r..r"rbirani, Ageo iuout sayrs, occ- Head constable (HC- i69), c-aoi, 7th Bn, (TSSP), Di6hpalli, Nizamabad o,.,n"t ...rr,TtoNERs

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AND

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The State of^{Telangana,Rep.by its Principal Secretary Home Department'} Telangana Secretatat,^HYderabad.

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Z. ftre Oirector General-6f^{iolice, State of Telangana,Lakidikapul,tlyderabad.}

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g. the eoaitional Director General of Police Bns, Telangana^{State specral} Police, Shouryabhavan,^HYderabad.

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+. i[6 cbmmJntint,^{Tttr batlition,TetanganaStatespecialPolice (TSSP),} Dichpally, Nizamabad District.

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..RES'ONDENTS

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Petition under Article^{226 ot lhe constitutionof lndia praying that in the} circumstances stated^{in the affidavitfiledtherewith,the High Courtmaybe} pleased to issue an appropriate^{Writ, order or Direction, more particularlyonein} the nature of writ of^{Mandamus, declaringthe inaction of the respondentsin not} considering the claim^{of the petitionerfor reversionfrom the rank of Head} constable. to Police^{constable as illegal, arbitrary and unconstitutional,and} consequently to^{direct the respondents to considerthe claimof the petitioner for} reversion from the^{categoryof Head constableto Police constablepursuantto the} orderinRc.No,2llA1/2021,Do.No.13212021,dt.30.o1.2o2,|asperhiseligibility and seniority^{in terms of the law declared by this Court in W'P.Nos'37146and} 39280 of 2013.

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lA NO: 1 OF 2024

Petition unde'Section 1s1 cpc praying that in the circulnstances stated in the affidavit filed in support of the petition, the High cour(may be ploased to direct the Respondents tc) forthwith consider the genuine claim of the petitioner for reversion from the F,ost of Head constable to that of to the post of police constable by duly conr3iflglipg the representations dt.30.11 .2024 and 18.03.2022 made to the 3rd respondent, in terms of Rule 2g of rs and ss Rules, 19g6 riw interpretation made in the reported judgment in 2018 (1) ALD 550 IDB), pending disposal of the abovr: writ petition.

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Counsel for the Petitioners: SRI K.MARUTHI CHAKRAVARTHY GOUD Counsel for the Respondents: GP FOR HOME

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WRIT PETITION NO: 26il 90F 2022

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Between:

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T. Srinivas, S/.. F'arushuramuru, Aged about 32 years, occ. Head constabre - '1081, 'l7th Battati,rn (tR), TSSP, Rdjanna Siriciila

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...PET|T|ONER

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AND

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I llp^_Sj1-"-.[]!lgllsgl",,nQp bv its principat Secretary, Home Dopartment, -^{tetangana Secretariat,Hyderabad.}

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The Director Gr:nerar of Porice, State of rerangana, Lakidikapur, Hyderabad. 3. The Additionat D,rectorGenerat of potice, TSS-C adttalionl,-5nJ,;.Jr;6h;;;, .^{Jublihills, Gayatrihills, Hyderabad.}

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The Commi:ndant, 17th-Battalion, TSSp, Rajanna Siricilla District.

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...RESPONDENTS

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Petition unrler A rticle 226 of lhe constitution of lndia prayinll that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue i: wrir order or direction more particularly one in the nature of writ of MANDAMT.JS <leclare the action of the respondents in not considering the claim of the petitioner fc,r reversion from the rank of HC to pc, even though the respondent authorities; r,vere considered the claim of similarly situated persons for reversion from the ;ank of HC to pc on their request 'ride orders c.No.1711A112019(D.o.NIo. 14sr2o1g) dated 3or03t2019 as iilegar arbitrary and unconstitutional with a r;onsequential direction to respondents to cronsider the claim,of the petitioner for reversion from the category to HC to pc in view of the law laid down by the Ftigh court in w.p.No.37146 of 2013 and 39280 rf 201 3 and

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orders issued in favor of similarly^{situated persons videorders c.No.171lA112019} (D.O.No.145/2019) dated 30/03/2Q19 in the interest^{of Justice.}

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filed in support of the^{petition, the High court may be pleased to direct} the respondents to consider^{the claim of the petitioner for reversion from the} category to HC to PC in^view of^{the law laid down by the High Courtin} w.P.No.37146 of 2013 and 39280^{of 2013and orders issuedin favor of similarly} situated^persons vide orders^{C.No.171lA'112019(D.O.No.145/2019)dated} 3OtO3t2O1g by disposing of^{his representation dated 0410112022pending disposal} of the writ^petition.

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Counsel for the Petitioner: SRI^{K.MARUTH!CHAKRAVARTHY GOUD.} Counsel forthe Respondents:^{GPFOR HOME}

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W.P.NO: 5887 OF 2022

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Between:

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K.Laxman, S/o. Hanumanth,^{Aged about29 ye} ars, Occ. Head Constable^- 112,71h Battalion, TSSP, Dichpally,^NizambadDi strict. ...PETITIONER

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AND

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The State of Telangana, Rep by^{its Principal Secretary, Home Department,} Telanoana Secretariat. Hvderabad.

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z 1re Oirecioi Generat df iolice, State^{of Telangana, Lakidikapul' Hyderabad'}

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rtre noO,tional Director Generdl^{of Police,TSSP Battaliqns, ShouryaBhavan,} Hvderabad.

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Tie Commandant,^{7th Battalion, TSSP, Dichpally, Nizambad District'}

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndia praying that in the} circumstances stated in the^{affidavitfiledtherewith,the High court may be} pleased to issue a writ, order or direction^{more particularlyone in the nature of} writ of MANDAMUS by declaring^{the impugned Memorandumissued by the 4th} respondent wherein rejected^{the claimof the petitionerfor reversion from the rank} of HC to PC vide Memo^{Rc.No.963tA3t2O21dated 03/09/2021 eventhough the} respondent authorities^{were considered the claim of similarly situated persons for} retersion from the rank of^{HC to PC on their request videorders c.No.}

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171rA112019 (D.O.r'r..145/2019) dated 80.03.2019 as iregar arbitrary and unconstitutional and accordingly set aside same with a conseqgentiar direction to respondents to oonsider the claim of the petitioner fo to HC to^pc in v,iew or the raw raid down by th" Hon":jr3;:ilt:TjT f:Tl 37146 0f 2013 and 39280 0f 2013 and orders issued in favor of sirnirarry situated persons vide orders c.No.171tA1t2019 (D.O.No.1 45t2o1g) dated 30i03/2019 in the interest of Justic=.

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IA NO:1OF 2022

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petition under Serction 151 cpc praying that in the circumstances stated in the affidavit fired in s',pport of the petition, the High court may be preased to suspend the impugr.red orders issued vide Memo Rc.No.g63/Ail/ 2021 dated o3rogr2021 with er dire,:r:ion to respondents to consider the craim of rhe petitioner for reversion frorr the category to HC to pc in view of the Ia; raid ,"-r=or,n" Honourabre High r30urt in w'p No. 37146 0f 2013 and3g280 0f 201,3 and orders issued in favor r:f sirrirarry situated persons vide orders c.No.171/A1t2o1g (D'O'No 14512019) oatect 3o/o3t2olgpending disposar of the writ petition.

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Counset for the petitioner: SRtX.MARUTHI CHAKRAVARTHY GOUD Counsel for the Responrlents: Gp FOR HOME

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W.P.NO: 15327 0F 20?.2

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Between:

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;atil;i=ffi ffi tTf";pti-l;T,,rffi [:-:::":;::;""*,;

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...PETITIONERS

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AND

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'1. The State of Telano

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"^{+plrls-rn? a"-*",r;[,?,'H}o"3rrtilJtsPrincipal secretary,Home Department,}

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:il86,H**ih'li,.Liij,**,?Hff ffiTf ':,::#1:;

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...RESPoNDENTS petition under Artick: 226 of lhe constitution circumstances statect in :he affidavit riteo therewit;','#'L,:frJ:r1,il T:

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pleased to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare t\l action of the respondents in ngt considering the claim of the petitioners for reversion from the rank of.HC{dPC, even though the respondent authorities were considered the claim ef-similarly situated persons for reversion from the rank of HC to PC on their request vide orders C.No.177llAll2OL9 (D.O.No.L45|2O19) dated 30/03/2019 as illegal arbitrary and unconstitutional with a consequential direction to respondents to consider the claim of the^petitioners for reversion from the category to HC to PC in view of the law laid down by the Honourable High Court in W.P.No.37146 of 2013 and 39280 of 2O13 and. orders issued in favor of similarly situated persons vide orders C.No. 1711A112019 (D.O.No.145/20'19) dated 3010312019 in the interest of Justice.

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lA NO: 1 OF 2022

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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 respondents to consider the claim of the^petitioners for reversion from the category to HC to PC in view of the law laid down by the Honourable High Court in W.P.No.37 146 of . 2013 and 39280 of 2013 and orders issued in favor of similarly situated persons vide orders C.No.17l I Al 12019 (D.O.No.145/2019) dated 3010312019 by disposing of their representation dated 0310312022 and 121O312022 pending disposal of the writ petition.

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Counsel for the Petitioner: SRI K.MARUTHI CHAKRAVARTHY GOUD Counsel for the Respondents: GP FOR HOME

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The Gourt made the following: COMMON ORDER

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I-

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THE HON'BI..E^{SRI JUSTICENAMAVARAPU RA^IESHtrIAR RAO}

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WRIT PETITION No.366O9^{OF 2024,}

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W.P..Nrrs.2619. 5887 AND L5327 0F 2022

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COMMON OR]DER:

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Since thr: issue involved in^{these writ petitions is one} and the sarrrt', with the^{consent of learned couns;elfor the} respective ltzrrties, they are^{heard togetheraldbeing} disposed of b1,' this common^order.

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The mai:r grievance of^{the petitioners in1-hese writ} petitions is tl'rat they are working^{as Head consta-ble in the} respondent/police department.^{However, thr:ymade} represent.ation s seeking reversion^{from the post of Head} constable to :l-re post of^{Police constable due to their family} problems. trr spite of counseling by the^respondents authoritit:s, they sought for^{reversion from the post of Head} Constable to the post of Police^{Constable.In spite of the} sarne, the respondent authorities^{have not considered the} represenl-atior:.s submitted by the^{petitionerr;seeking} reversion to^'he post of post Constables. Aggrieved by^the sarne, tht: pr:litioners have hled the present writ pe'titions.

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Heard learned counsel for the writ petitions and the learned Government Pleader for Services (Home), appearing for the respondents. Perused the material available on record.

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o,4. The learned counsel for the petitioners herein further submits that all the petitioners in respective writ petitions want to take reversion from the Post of Head Constable to the post of Police Constable due to their family problems and in spite of counseling a,lso the petitioners herein seek reversion. The learned counsel for the petitioners herein lrled a Memo vide Rc.No.l2lA2/2OI9, dated 06.03.2019 issued by the Inspector General of Police, TSSP, Hyderabad. The relevant para No.5 of the said Memo dated 06.O3.2019

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is extracted hereunder:

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"Even after counseling, if one wants reversion as PC, his case may be considered after obtaining letter in the proforma enclosed and speaking orders issued. Case need not be referred to TSSP Head Office" 05. Learned counsel for the petitioners in these writ

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a. petitions also relied upon a common order passed by Division Bench of this Court in W.P.Nos.37146 and 39280

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of 2OL3 c[at<:d 24.03.2014 and hence sought to allow the writ petitions;.

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The learned Government pleader for Services (Home) did not opposi€ the same.

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O7. Having r:r:gard to the submissions made by th,: iearned counsel fo. ttre, respective parties and a_lso in view c,f the law laid down in the common order dated, 24.03.2014 tn W.P.No.37146 and 39280 of 2Ol3 passed by a Division Bench of this⁽ )ourt, all these writ petitions are disltosed of, directing th. respondent Authorities to consider the representaLiorrs; of the petitioners for reverting thr:m from the post oI Hr:^'c constable to the post of police ccnstable and pass appr.ltriate orders in accordance with la*,, within a period of eight weeks from the date of receipt of copy of this order. Ther,e shall be no order as to costs.

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As a seqrrel, miscellaneous applications pending, if

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any, in these !Vl'.Lt Petitions , shall stand closecl.

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'fl118-{l+'+ti3f!iE--ro "rRuEcopy,, '\ienoN oFFlcER ^ 1. The^principar Ser:re.:arv H.,ma naha.r-^^r --,^^{of re,lqnga'na.lryHome Department, Telanganasecretlriat,Hyclerabad,state} :$ffi #ffisfu""Ti{iffi^{:;:lafli"'BFlnf l,:"!:1':'[?5,g,xr1?ilBii"",}

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-i

HIGH COURT

DATED:28102l,2025

COMMON ORDER

WP.Nos.36609 ol 2024,2619,5887 AND¹⁵³²⁷ OF 2022