Andhra Pradesh High Court
Judges : G.BIKSHAPATHY, P.S.NARAYANA
N.BHUJANGA RAO - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 02-08-05
Constitution of India – Article 16 and 226 – Special Rules – Rules 3, 7, 10, 11 and Rule 15 – Detailed Representation – Police Training College – Substantial Compliance – Writ Petitions are filed by unsuccessful applicants in and Batch on file of Andhra Pradesh Administrative Tribunal – Writ petitioners/applicants i O. As. are Sub-Inspectors of Police who were recruited in pursuance of notification by A. P. State Level Police Recruitment board, in short hereinafter referred to vacancies of Civil Sub-Inspectors in Zone IV and 5 Reserve Sub-Inspectors in Zone VI – Applicants commenced training and were appointed as Sub-Inspectors and had completed probation and became eligible for promotion too. It is stated that these applicants are governed by A. P. Police Subordinate Service Rules notified and by Special Rules notified – Home Department details of five methods of recruitment also had been narrated board it was specified that vacancies were reserved for Police executives – Municipal staff and meritorious Sportsmen and rule of reservation also was specified. For 70 civil posts select list was prepared and two of individuals who were selected subsequently resigned while undergoing training and two others had not joined at all 66 candidates had completed training – Held, Court is of considered opinion that respective appointing authorities had put on notice affected parties before making the consequential orders and hence this Court is of the considered opinion that there is substantial compliance of principles of natural justice – Elaborate submissions made raising several technical objections would not weigh with this Court in view of fact that Government having detected mistake though of rectifying same by merging both batches and drawing up common seniority list taking the origin of selection being in pursuance of the same notification and also taking into consideration that injustice should not be done to persons sent to training at a later point of time due to lapse of Government – Court is of considered opinion that impugned order made by Tribunal is just and reasonable – Appeal dismissed.
( 1 ) THESE Batch of Writ Petitions are filed by the unsuccessful applicants in O. A. No. 7526/2003 and Batch on the file of Andhra pradesh Administrative Tribunal, in short referred to as tribunal" hereinafter. The writ petitioners/applicants in the O. As. are Sub-Inspectors of Police who were recruited in the year 1991 in pursuance of notification by the A. P. State Level Police Recruitment board, in short hereinafter referred to as "board", dated 12-1-1991 issued for 70 vacancies of Civil Sub-Inspectors in Zone IV and 5 Reserve Sub-Inspectors in Zone VI. The applicants commenced training on 15-7-1991 and were appointed as Sub-Inspectors and had completed probation and became eligible for promotion too. It is stated that these applicants are governed by A. P. Police (Civil) Subordinate Service Rules notified in G. O. Ms. No. 1263, dated 26-8-1959 and by Special Rules notified in g. O. Ms. No. 374, Home Department, dated 14-12-1990. The details of the five methods of recruitment also had been narrated. In the notification dated 22-1-1991 issued by the board it was specified that 7% of the vacancies were reserved for Police executives, 4% to Municipal staff and 2% to meritorious Sportsmen and the rule of reservation also was specified. For 70 civil posts, select list was prepared and two of the individuals who were selected subsequently resigned while undergoing training and two others had not joined at all. Thus, 66 candidates had completed the training. One candidate Munuswamy did not complete the training and did not participate in the examination for personal reasons and it is stated that he was allowed to complete the training along with 1992 batch by taking up the examination at the end thereof. It is also the stand taken by the writ petitioners/applicants in the O. As. that respondents selected 10 more candidates from out of 1991 list and they were sent for training in 1992 along with the said Munuswamy who had commenced training on 14-6-1992 and subsequent to the completion of the training they were also appointed for the regular posts of Sub-Inspectors. Specific stand was taken that 1991 trainess were kept above in the seniority and 1992 batch trainees were kept below while reckoning the seniority. However, while considering these cases for promotion to the next higher category, certain un-official respondents herein and similarly placed persons raised dispute by filing O. A. No. 5165/2002 on the file of the tribunal praying for a relief that both these batches 1991 and 1992 are to be treated as a homogeneous group and also prayed for a direction to prepare a combined c list of sub-Inspectors based on the provisions contained in Rule 15 of the Special Rules. The Tribunal in the said O. A. No. 5165/2002 directed the applicants to make a detailed representation to the Director General and inspector General of Police with a further direction to the Director General and inspector General of Police to dispose of the representation before making any promotions to the posts of Inspectors Police in Zone IV. In consequence thereof, the government passed an order on 17-3-2003 in Memo No. 3119/legal. 1/2003-1, clarifying that the delay in sending the candidates for training occurred due to wrong calculation of vacancies and hence they are also entitled to seniority on par with 1991 batch Sub- inspectors on the basis of the marks obtained by them at the examination conducted by the Police Training College especially in the light of Rule 15 of the special Rules. The Director and Inspector general of Police in the light of the memo dated 17-3-2003 referred to supra, called upon the writ petitioners to submit their objections for the proposed action of revising the seniority. In such circumstances, the writ petitioners filed the O. As. questioning the decision of the Government in the said memo dated 17-3-2003 and the consequential order dated 26-12-2003 issued by the Deputy Inspector General of police, Kurnool
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