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2020 Supreme(AP) 326

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
AKULA VENKATA SESHA SAI, R. RAGHUNANDAN RAO, JJ.
Superintendent of Police, Kurnool District and Ors. - Appellants
Versus
P.V. Ramireddy - Respondent
W.P. No. 27734 of 2017
Decided On : 24-02-2020

Advocates Appeared:
For the Appellant : N. Aswartha Narayana, Government Pleader.
For the Respondents: P. Venu Gopal and D. Bala Kishanrao.

Headnote:

Andhra Pradesh State and Subordinate Service Rules, 1996 - Rule 2(b)(i)(b) - Court deems it appropriate to dispose of these writ petitions by way of this common order - Respondents/applicants and directed the authorities to promote the applicants to the posts of Sub-Inspector of Police - By counting their seniority in the cadre of Head Constable from the date on which they were promoted on out of turn basis - Directing the authorities to count the seniority of the applicant from the date on which he was promoted on out of turn basis. Assailing the said order, the State Government filed before this Court- Held, Division Bench of the composite High Court, dismissed the said writ petition, at the stage of admission - Order to support his submissions and contentions, the learned Government Pleader places reliance on the judgment rendered by a Division Bench of this Court - In the said judgment, the Division Bench held that temporary promotion does not confer any right, much less legally enforceable right, to confer seniority - In the instant case, admittedly, promotions were effected in favour of the applicants on out of turn basis either because of their performance during the anti-extremists operations or their performance in sports - By any stretch of imagination, it cannot be concluded that promotions given in favour of the respondents herein/applicants are irregular or illegal - Having regularized the services in the category of Head Constable, however, in pursuance of the orders of the Tribunal, it is not open for the authorities to contend that the services put in by the applicants cannot be taken into consideration for the purpose of effecting promotions to next higher category - Petition dismissed.

JUDGMENT :

Akula Venkata Sesha Sai, J.

1. Since the issue involved in this batch of writ petitions is one and the same, the contentions advanced by the respective learned Counsel are also the same, this Court deems it appropriate to dispose of these writ petitions by way of this common order.

2. By way of the orders impugned in the present writ petitions, the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to, as 'The Tribunal') allowed the Original Applications Nos. 3286 of 2014, 3310 of 2014, 3386 of 2014, 4079 of 2014, 4080 of 2014, 2460 of 2017, 2461 of 2017 and 8109 of 2010 respectively filed by the respondents/applicants and directed the authorities to promote the applicants to the posts of Sub-Inspector of Police by counting their seniority in the cadre of Head Constable from the date on which they were promoted on out of turn basis as Head Constables.

3. For the purpose of brevity, this Court deems it appropriate to take up Writ Petition No. 27734 of 2017 and refer the parties as referred to, in the Original Application No. 3286 of 2014.

4. The applicant in Original Application No. 3286 of 2014 was initially appointed as a Police Constable on 25.10.1989 in Kurnool District. Considering his outstanding performance in anti-extremist operations, by way of proceedings in Rc. No. A1/2805/92, dated 8.7.1992, the applicant was promoted, alongwith three others, as Head Constable and the applicant is working as Head Constable till date. Earlier, OA No. 8114 of 2010 was filed and the said O.A. was disposed of by the Tribunal, by way of order, dated 24.2.2012, directing the authorities to count the seniority of the applicant from the date on which he was promoted on out of turn basis. Assailing the said order, the State Government filed Writ Petition No. 39606 of 2012 before this Court, and on 12.3.2013, a Division Bench of the composite High Court, dismissed the said writ petition, at the stage of admission.

5. It is not in dispute that, vide proceedings in Rc. No. A1/11101/2011, dated 31.7.2013 of the District Police Office, the services of the applicant were regularized in the cadre of Head Constable with effect from 25.10.1993, i.e., after completion of four years of minimum qualifying service in the rank of Police Constable. It is also the categorical case of the applicant that his probation was declared in the cadre of Head Constable. Later, on 14.10.2013, he was sent for pre-promotional training of Head Constables who were fit to act as Sub-Inspectors of Police, and he completed the said training on 1.3.2014 and his name was also included in the seniority list by counting the service rendered in the post of Head Constable. While the things being so, the Director General of Police, vide Memorandum in L.Dis. No. 240/E3/2014, dated 24.3.2014, informed the office of the Deputy Inspector General, Warangal Range that the services rendered on out of seniority basis would not be taken into consideration for the purpose of seniority. Assailing the validity of the said Memorandum, Original Application No. 3386 of 2014 was filed before the Tribunal and the Tribunal, by way of an order, dated 8.11.2016, allowed the original application, while setting aside the Memorandum, dated 24.3.2014, and directed the authorities to count the seniority of the applicant in the cadre of Head Constable, from the date he was promoted to that post on out of seniority basis with all consequential benefits including promotion to the next cadre as per his eligibility and seniority.

6. In the above background, questioning the validity and legal sustainability of the said order passed by the Tribunal, Writ Petition No. 27734 of 2017 came to be filed before this Court.

7. Heard Sri N. Aswartha Narayana, learned Government Pleader for Services-I for the petitioners and Sri P. Venugopal, learned Senior Counsel, representing D. Bala Kishanrao, learned Counsel appearing for the respondents and perused the material available on record.

8. It is con

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