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2025 Supreme(Telangana) 219
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
K. Srinivas - Appellant
Versus
The State of Telangana and Others - Respondent
Writ Petition No.524 Of 2022
Decided On : 02-05-2025
Advocate Appeared:
For the Appellant : AJAY KUMAR NERELLA
For the Respondent: GP FOR SERVICES I TG
Administrative decisions must be based on justifiable grounds, and failure to provide adequate reasoning renders such actions arbitrary and unconstitutional.
Headnote:(A) Telangana State Police Rules - Category 7(b) - Writ of Mandamus - Reversion from Head Constable to Police Constable rejected on administrative grounds without proper reasoning - Similar requests by others accepted - Court emphasizes that decisions must be consistent and not arbitrary - Past orders require reconsideration. (Paras 10 and 11)
(B) Administrative Law - Principles of natural justice require that reasons must be provided in administrative decisions - Arbitrary rejection without justifiable grounds is impermissible. (Paras 9 and 11)
Facts of the case:
The petitioner was appointed as Police Constable, later promoted to Head Constable, but sought reversion due to personal hardships; this request was denied despite similar concessions granted to contemporaries in accordance with past administrative actions.
Findings of Court:
The reversion request was not duly considered, lacking specific reasons, and the Court directed reconsideration in light of observed discrimination.
Issues: The key issue addressed was the inconsistency in decision-making concerning reversion requests among similarly situated individuals.
Ratio Decidendi: The Court determined that the administrative rejection was an afterthought with no substantial basis, emphasizing that considerations should align with previous orders affirming rights to reversion.
Result: Writ petition allowed; impugned Memorandum set aside.
| Table of Content |
|---|
| 1. petitioner's request for reversion to constable. (Para 2 , 3) |
| 2. cites similar previous cases for reversion. (Para 4) |
| 3. similar reversion requests granted to others. (Para 5 , 9) |
| 4. petitioner's grounds for reversion supported. (Para 6 , 8) |
| 5. court directs reconsideration of the request. (Para 10) |
| 6. writ petition allowed; order set aside. (Para 11) |
ORDER :
SUREPALLI NANDA, J.
Heard Sri Ajay Kumar Nerella, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Home, appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
“….to issue an order or direction more particularly one in the nature of Writ of MANDAMUS by declaring the impugned Memorandum issued by the 4th respondent wherein rejected the claim of the petitioner for reversion from the rank of Head Constable to Police Constable vide Memo C.No.171/A2/2021, dated 11.10.2021 even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of Head Constable to Police Constable on their request vide orders C.No.171/A1/2019 (D.O.No.145/2019), dated 30.03.2019 as illegal, arbitrary and unconstitutional and accordingly set aside the same with a consequential direction to respondents to consider the claim of the petitioner for reversion from the category to HC to PC in view of the law laid down by the Hon'ble High Court in W.P. No.37146 of 2013 and 39280 of 2013 and orders issued in favor of similarly situated persons vide orders C.No.171/A1/2019 (D.O. No.145/2019) dated 30.03.2019 in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case.”
3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition is that the petitioner had been appointed as Police Constable in the year 2018 and posted to the 17th Battalion, Rajanna Siricilla District. As per the Telangana State Police Rules Category 7 (b), the petitioner is eligible for conversion from TS Special Police to Armed Reserve (AR) Constables after completion of 10 years of service. Subsequently, the petitioner had been promoted to the post of Head Constable in the year 2021 but later sought voluntary reversion to the post of Constable due to personal hardships. However, the request of the petitioner for reversion was rejected by the 4th respondent vide the impugned order C.No.171/A2/2021, dated 11.10.2021, without assigning proper reasons and merely citing administrative grounds though the similarly situated persons belonging to the same Battalion were allowed for reversion vide order C.No. 171/A1/2019 (D.O. No.145/2019) dated 30.03.2019. Aggrieved by the said rejection order, the petitioner had approached this Court by filing the present writ petition.
4. PERUSED THE RECORD:
(A) The relevant portion of the impugned Memo vide C.No.171/ A2/ 2021, dated 11.10.2021 of the respondent No.4 addressed to the petitioner herein is extracted hereunder:
“Vide reference 1st & 3rd cited above, the following (02) HCs of this unit have submitted their representations requesting to revert them as PCs on the grounds that they are suffering with personal problems/family problems/conversion to A.R.
| Sl . N o . | Name Sri | Ranke & G.No. | Coy. |
| 1. | K. Srinivas | HC 1130 | C |
| 2. | B. Krishnaiah | HC 1078 | B |
In this regard instructions have been received from the ADGP, TSSP Bns Hyderabad, vide reference 2nd cited above that the applications of HCs to revert them as PCs have to be rejected on administrative grounds.
Accordingly, the representations of above (02) HCs of this unit are rejected herewith on administrative grounds. OsC B & C of this unit are instructed to service this memo to the above individual and send the dated acknowledgement copies to this unit for record purpose.
all OsC of this unit are hereby instructed to don’5 forward t
