Seniority for promotions must be determined by the date of first appointment in the relevant category, not by enlistment in a lower rank.

ORDER :

(SUBBA REDDY SATTI, J.)

Since the issue involved in these two writ petitions is the same, they are disposed of by a common order.

2. The petitioners, working as Head Constable (HC) and Assistant Sub Inspectors of Police (ASIs) in the SPSR Nellore District filed the above two writ petitions, impugning the Fax/Radio Message vide C.No.1142/A1/2024 dated 19.11.2024 issued by the 3^rd respondent to all the Superintendents of Police, Guntur Range for sending 58 ASIs/WASIs fit to act as S.Is (civil) for attending Pre-promotional training course, without preparing provisional integrated common seniority list and calling objections from all the stakeholders and publishing Final Seniority List, as illegal, arbitrary and contrary to Rule 34 of the Andhra Pradesh State and Subordinate Service Rules,1996.

3. Petitioners were enlisted/appointed as Police Constables (civil) in the year 1989 in the office of the 5^th respondent-Superintendent of Police, Nellore. All the petitioners, along with, other police constables in Prakasam District were sent to pre-promotional training, fit to act as Head Constables (civil), on 18.01.2012 at Tirupati. After completion of pre- promotional training, the petitioners were promoted to Head Constables on 22.06.2012, whereas the police constables of Prakasam District were promoted to Head Constables on 09.06.2012. The next promotion is Sub Inspector of Police (S.I) and it is a zonal post. The Guntur range consists of Guntur, Bapatla, Palnadu, Prakasam and Nellore Districts. The 3^rd respondent initially issued Fax/Radio message vide C.No.1142/A1/2024 dated 06.11.2024 to all the Superintendents of Police, Guntur Range to identify 70 ASIs/WASIs to conduct a Departmental Qualifying Examination to HCs/ASIs (civil) fit to act as S.Is (civil). Thereafter, Fax/Radio Message vide C.No.1142/A1/2024 dated 19.11.2024, impugned herein, was issued, identifying 58 candidates, sending them to the pre-promotional training course commencing from 02.12.2024 to 11.01.2025. Though the petitioners are seniors as per their enlistment as Police Constables, they were ignored and the juniors, enlisted after them as Police Constables names were forwarded. Hence, the writ petition.

4. a) A counter affidavit was filed by the 3^rd respondent. It was contended, interalia, that the petitioners were initially appointed as Police Constables on 09.06.1989 and later promoted as Head Constables on different dates i.e. 20.06.2012, 22.06.2012, 25.08.2012 and 27.08.2012. In Prakasam District, the police constables of the 1992 batch were promoted to Head Constables (civil) on 09.06.2012. Based on the seniority lists of the respective units, a consolidated probable list was prepared. Only the senior HCs/ASIs were taken into account, according to their date of regularization as HC (civil). No junior in the cadre of HCs/ASIs (civil) were called for the Departmental Qualifying Examination for undergoing pre-promotional training of HCs/ASIs fit to act as S.Is (civil). The date of enlistment as PCs (civil) is not a criterion for pre-promotional training.

b) In Order No.73 of A.P. Police Manual, the periods of service in a rank are prescribed as conditions precedent to promotion to the next “higher rank”, in which for promotion to the cadre of Sub Inspectors (civil) minimum service of 5 years as HCs/ASIs (civil), have to be taken as criteria. Accordingly, a Radio Message in C.No.1142/A1/2024 dated 06.11.2024 was issued calling willingness/unwillingness of HCs/ASIs as per the promotion dates in the cadre of Head Constable to attend the Departmental Qualifying Examination. As per the common integrated seniority list dated 01.11.2024, the petitioners