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2025 Supreme(Telangana) 225
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Gopal Reddy and Others - Appellant
Versus
The State of Telangana and Others - Respondent
Writ Petition No.754 Of 2022
Decided On : 02-05-2025
Advocate Appeared:
For the Appellant : AJAY KUMAR NERELLA
For the Respondent: GP FOR SERVICES I TG
Reversion requests from rank of Head Constable to Police Constable must be treated consistently, and rejection requires specific reasoning to ensure equality before law.
Headnote:(A) Memorandum of Telangana State Police Rules - Reversion from Head Constable to Police Constable - Petitioners rejected for reversion without proper reasoning despite similar cases being granted - Court directed reconsideration due to lack of justifiable administrative grounds. (Paras 5, 9, 10)
(B) Equality before Law - Impugned decision violated principles of fairness by not treating similarly situated individuals equally. (Paras 9, 10)
Facts of the case:
The petitioners, initially appointed as Police Constables in 2018, sought voluntary reversion to Constable rank due to personal hardships. Their request was denied citing administrative grounds, while similar applications had been accepted. (Paras 3, 5)
Findings of Court:
Court noted the failure to provide specific reasons for denial and recognized the need for equitable treatment under similar circumstances, instructing the department to review the petitions appropriately. (Paras 10, 11)
Issues: The main issues were whether the rejection of reversion requests was justified and whether there was discrimination against the petitioners compared to similarly situated individuals. (Paras 5, 9)
Ratio Decidendi: The court emphasized that administrative grounds cited were insufficient and that the case merited reconsideration as previous similar requests were granted, raising questions of fairness and equal treatment. (Paras 9, 10)
Result: Writ petition allowed; the impugned memorandums set aside, and direction given to reconsider the requests. (Paras 10, 11)
| Table of Content |
|---|
| 1. petitioners seek reversion to constable rank (Para 2 , 3) |
| 2. court examines previous similar cases (Para 4 , 5 , 6 , 7) |
| 3. rejection based on unsound reasons noted (Para 8 , 9) |
| 4. court orders reconsideration of requests (Para 10 , 11) |
ORDER :
SUREPALLI NANDA, J.
Heard Sri Ajay Kumar Nerella, learned counsel appearing on behalf of the petitioners and the learned Assistant Government Pleader for Home, appearing on behalf of the respondents.
2. The petitioners 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 petitioners for reversion from the rank of Head Constable to Police Constable vide Rc.No.A1- Estt/1237/2021, dated 04.08.2021, Rc.No.A1- Estt/1237/2021, dated 24.08.2021, Rc.No.A1- Estt/1237/2021, dated 14.09.2021, Rc.No.A1- Estt/1237/2021, dated 08.10.2021, even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of Head Constable to Police Constable vide Rc.No.A1/16/PPT/2018-20 (D.O.No. 266/2020) dated 18.02.2020 as illegal, arbitrary and unconstitutional and accordingly set aside the same with a consequential direction to respondents to consider the claim of the petitioners 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 Rc.No.A1/16/ PPT/2018-20 (D.O. No.266/2020) dated 18.02.2020 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 petitioners, in brief, is that the petitioners have been appointed as Police Constables (TSSP) in the year 2018 and posted to 8th Battalion, TSSP, Kondapur, R.R. District. As per the Telangana State Police Rules category 7(b), the petitioners are eligible for conversion from TS Special Police to Armed Reserve (AR) Constables after completion of 10 years of service. Subsequently, the petitioners have been promoted to the post of Head Constables in the year 2021 but later sought voluntary reversion to the post of Constable due to personal hardships. However, their request for reversion was rejected by the 4th respondent vide the impugned order Rc.No.A1- Estt/1237/2021, dated 04.08.2021, Rc.No.A1-Estt/1237/2021, dated 24.08.2021, Rc.No.A1-Estt/1237/2021, dated 14.09.2021, Rc.No.A1-Estt/1237/2021, dated 08.10.2021, without assigning proper reasons and merely citing administrative grounds though the similarly situated persons belong to the same Battalion were allowed for reversion vide order dated 30.03.2019. Aggrieved by the said rejection order, the petitioners have approached this Court by filing the present writ petition.
4. PERUSED THE RECORD:
(A) The relevant portion of the impugned Memo vide Rc.No.A1-Estt/ 1237/ 2021, dated 04.08.2021 of the respondent No.4 addressed to the petitioner Nos.1 and 2 herein is extracted hereunder:
“With reference to the letter 2nd cited, the following HCs of this unit have submitted their applications requesting to revert them as PCs due to their family/personal problems.
| Sl.No. | Name | HC Number |
|---|---|---|
| 1 | Sri D. Venkatesh | HC 939 |
| 2 | Sri Gopal Reddy | HC 2629 |
| 3 | Sri K. Shekar | HC 2630 |
In this regard, the applications of the above (03) HCs requesting to revert them as PCs are hereby considered and rejected on administrative grounds, as per reference 1st cited.
Acknowledge the receipt of this Memo.
Commandant
8th BN TSSP, Kondapur, R.R. District.
To
The above individuals through OC ‘HQ’ Coy.
(B) The relevant portion of the impugned Memo vide Rc.No. A1-Estt/ 1237/ 2021, dated 24.08.2021 of the respondent No.4 addressed to the petitioner No.3 herein is extracted hereunder:
“With reference to the letter 2nd cited, the following HCs of this unit have submitted their applications r
