ORDER :

The batch of Writ Petitions are filed to declare the G.O.Ms.No.1 Home (Legal.II) Department, dated 07.01.2016 as illegal, arbitrary and violative of Articles 14, 16, 21 and 311 of the Constitution of India.

2. Since the facts and issue involved in the batch of writ petitions are one and the same, I find it expedient to decide all these matters by common order.

3. For the sake of convenience, W.P.(AT).No. 66 of 2021 is taken as leading case.

4. Heard Mr. Ravi Shankar Jandhyala, Mr. K. Muralidhar Reddy, Mr. G.V.Sivaji, Mr. Ch. Srinivas, learned Senior Counsel for the respective petitioners and Mr. G.V.S.Kishore Kumar, learned Government Pleader, Services-I and Mr. M. Manohar Reddy, learned Standing Counsel for the respondents.

5. The brief facts of the case are that the petitioners are working as Armed Reserve Police in various cadres viz., Armed Reserve Head Constables (ARHC) and Armed Reserve Police Constables (ARPC). Initially they were appointed as Police Constables in special battalions and subsequently they were transferred to Armed Reserve Constables from 2000 onwards with a promise to protect their service, seniority and pay scale vide rules issued in G.O.Ms.No.299, dated 05.10.1999 read with rule 15(c) and the same is evident from the Memo dated 04.05.2021 issued by the 2nd respondent. The petitioners were transferred on administrative grounds vide Memo dated 04.05.2001 without following the G.O.Ms.No.299, dated 05.10.1999. The said G.O. No. 299 and Memo dated 04.05.2011 are still in force and they were never challenged. The petitioners transfer from special battalions to Armed Reserve and the consequential promotions are in accordance with the rules issued in G.O.Ms.No.299 and memo dated 04.05.2001. The respondents awarded several Awards and Rewards including ‘Police Seva Pathakam” to the some of the petitioners. Thus it is very clear that the service and seniority of the petitioners in the Armed Reserve be settled in all respects as early in the year 2000 and some of the petitioners are at the verge of retirement. While the matter stood thus, the respondents are making efforts to revert the petitioners from the posts of Assistant Reserve Sub-Inspectors and Head Constables to the post of Armed Reserve Constables as the case may be and depriving the petitioners from their respective seniority, which was settled in accordance with rules issued in G.O.Ms.No.299, dated 05.10.1999 and Memo dated 04.05.2001 issued by the 2nd respondent by issuing the impugned ad-hoc rules issued in G.O.Ms.No.1, dated 07.01.2016, which is illegal and arbitrary. Hence the petitioners made representations to the respondents, but the respondents are making efforts to transfer the petitioners to the post of constable. Therefore the batch of writ petitions came to be filed.

6. Per contra, the 2nd respondent filed counter-affidavit denying all material allegations made in the affidavit and mainly contended that the respondents issued notification for filling up of AR PC vacancies on conversion from APSP PCs in terms of G.O.Ms.No.299, dated 05.10.1999 duly mentioned the conditions for counting of previous service and seniority as per the rules existed at the time of notification. Further the learned Tribunal in O.A.No. 10216 of 2008 and batch filed by the direct recruit ARPCs, passed an order holding that “the impugned order passed by the 4th respondent therein was set aside and directed the 4th respondent therein that the seniority of the unofficial respondents shall be determined from the date of their confirmation in the service of DAR in terms of Rule 15(e) of Special Rules”. Assailing the said orders, the convertee ARPCs filed W.P.No.26765 of 2011 and the Hon’ble Division Bench of erstwhile High Court while disposing the said writ petition along with other W.P.Nos.21610 of 2007 and batch which filed with similar prayers by the direct recruit AR PCs, passed the order on 08.10.2013, which reads as follows:

“Once the transfer is from once service