K.VYKUNTA RAO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2020-2-12
HIGH COURT OF ANDHRA PRADESH
Decided on February 11,2020

K VYKUNTA RAO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

D V S S Somayajulu, J. - (1.)This Writ Petition is filed for the following relief:
".....to issue A Writ of Mandamus declaring the Proc."Rc.No.647/Trg.2/2019, dated 14.09.2019 issued by the 2nd respondent in seeking to conduct pre-promotional training for ARHCs (AR) fit to act as ARSIs (AR) without finalizing the seniority lists of ARHCs in terms of the directions of the Hon'ble Tribunal in O.A.No.954 of 2019 and batch, dated 17.05.2018 read with 07.02.2019 is as illegal, arbitrary, unjust, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently set aside the same and direct the respondents not to conduct pre-promotional training for ARHCs fit to act as ARSIs until and unless finalizing the seniority list of ARHCs as per directions of the Hon'ble Tribunal in O.A.No.854 of 2018, dated 17.05.2018 read with 07.02.2019 and the orders of the Hon'ble High Court in W.P.No.8857 of 2019, dated 04.09.2019 and pass such other and further orders as this Hon'ble Court may deem fit and proper."

(2.)This Court has heard Sri K. TirupathiGoud, learned counsel for the petitioners and the learned Government Pleader for Services representing the respondents.
(3.)The petitioners are now posted in the District Armed Reserve and City Armed Reserve. As per the averments in the affidavit they were initially appointed as Andhra Pradesh Special Police (in short "APSP") Constables. As per the orders issued by the Government of Andhra Pradesh in G.O.Ms.No.299, dated 05.10.1999, the Police Constables of APSP, who fulfil certain conditions, are entitled for appointment as Police Constables in Constable (District Armed Reserve, City Armed Reserve, Special Armed Reserved, Central Police Lines). The case of the petitioners is that they satisfied all the requirements. It is their contention that they were appointed in the years 2001, 2004 and 2005 as Armed Reserved Police Constables while their initial appointment as APSP Constables was in between 1984 and 1985. Basing on their interpretation of the Rules, particularly Rule 15 (c) of the Police Subordinate Service Rules (in short "the Rules") they are claiming seniority from the date of their initial appointment in APSP. It is their contention that the impugned proceedings, which are issued on 14.09.2019 by which pre-promotional training of ARHCs (AR) to act as ARSIs (AR) is incorrect, opposed to law, illegal and violative, they categorised G.O.Ms.No.1 (Home), dated 07.01.2016, as an ad hoc rule. They seek a direction to comply with the orders of the A.P. Administrative Tribunal in O.A.No.954 of 2018 read with the orders of this High Court in W.P.No.8857 of 2019.
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