The court affirmed the obligation of administrative bodies to implement government orders and respect judicial pronouncements regarding promotions and seniority within specified timelines.

ORDER :

D.RAMESH, J.

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the Respondents in not implementing the Government Orders in G.O.Ms.No.212 Home (Legal-II) Department, dated 6-9-2013, keeping in view of the judgment of the Hon'ble High Court in W.P.No.21172 of 2014 and Batch, dated 22-1-2015, in spite of confirming the said judgment in SLP.Nos.7325-7326/2015 dated 23-3-2018, by the Hon'ble Supreme Court of India and not implementing the Government Circular Memo.No.20871/Legal.ll/A2/ 2014, dated 4.11.2015 giving effect to G.O.Ms.No.212 Home (Legal-II) Department, dated 6-9-2013 orders of DGP, dated 14-12-2015 and Circular Orders of DGP, dated 22-10-2016 for granting Notional Seniority and promotion with effect from 1-1-2014 on par with our colleagues/juniors with effect from 5-8-2014 and in spite of implementing the said orders by the on whose favour the S.P., Kurnool, S.P., Palnadu, and various other S.Ps., as based on the orders of the Hon'ble High Court in 14443 of 2020, dated 3-8-2022, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially declare that the Petitioners are entitled for notional promotion on par with their juniors with effect from 5-8-2014 duly considering their representations and further promotion to the posts of Assistant Sub Inspectors of Police …”

2. Heard Sri A. Kishore Kumar, learned counsel, representing Mr. P.V.Ramana, learned counsel for the Petitioners and learned Government Pleader for Home for the Respondents.

3. Learned counsel for the petitioners would submit that all the Petitioners were appointed as A.R. Constables. They were converted as Constable in Civil in October 2010. The Petitioners are eligible for promotion to the post of Head Constable by October 2013 and latest by 01.01.2014 against the vacancies available in the panel year of 01.01.2014. Learned counsel would also submit that the minimum period of five years for promotion to the post of Head Constable (Civil) was reduced to three years by G.O.Ms.No.212 Home (Legal- II) Department, dated 06.09.2013. The said G.O. was challenged before the Andhra Pradesh Administrative Tribunal in O.A.No.7186 of 2013 and batch by personnel in the Civil Police. Initially, the Hon’ble Administrative Tribunal allowed O.A.No.7186 of 2013 and batch by a common order dated 30.01.2014 and set aside G.O.Ms.No.212 Home (Legal- II) Department, dated 06.09.2013. The Government issued G.O.Ms.No.157, Home (Legal-II) Department, dated 15.11.2014 cancelling G.O.Ms.No.212 Home (Legal-II) Department, dated 06.09.2013. Against the order in O.A.No.7186 of 2013 and batch, W.P.No.21172 of 2014 and batch were filed. The Hon’ble High Court allowed the writ petitions on 22.01.2015 by setting aside the orders passed by the Hon’ble Administrative Tribunal. S.L.P.Nos.7325 and 7326 of 2015 were filed and were dismissed by the Hon’ble Apex Court on 23.03.2018. Thereafter, the Government issued G.O.Ms.No.38 Home (Legal-II) Department, dated 02.04.2015 cancelling G.O.Ms.No.157 Home (Legal-II) Department, dated 15.11.2014.

4. The Government issued Circular Memo No.20871/Legal.II/A2/2014, dated 04.11.2015 and directed the learned Director General of Police to take necessary action. In turn, the learned Director General of Police of Andhra Pradesh issued a Memo directing all the Unit Officers to send the Police Constables (Civil) who are eligible for the post of Head Constable (Civil) in terms of G.O.Ms.No.2