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2025 Supreme(Telangana) 228

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Y. Guruprasad and Others - Appellant
Versus
The State of Telangana and Others - Respondent
Writ Petition No.448 Of 2022
Decided On : 02-05-2025

Advocates:
Advocate Appeared:
For the Appellant : AJAY KUMAR NERELLA
For the Respondent: M.V. RAMA RAO SPL. GOVERNMENT PLEADER

Administrative authorities must provide reasoned decisions for reversion requests, ensuring fairness and non-arbitrariness in their actions.

Headnote:(A) Telangana State and Subordinate Service Rules, 1996 - Reversion of employees - Petitioners sought to revert from Head Constable to Police Constable after a promotion, which was rejected without sufficient reasons while similarly situated individuals were granted relief - The court emphasized the need for reasoned decisions by administrative authorities. (Paras 4, 10)

(B) Administrative Discretion - The authority must act in a non-arbitrary manner; rejecting reversion requests citing administrative grounds violates principles of fairness. (Paras 9, 10)

Facts of the case:
Petitioners appointed as Police Constables in 2018 were promoted to Head Constables in 2021 and subsequently sought reversion due to personal hardships. Their request was denied citing administrative grounds, despite others receiving similar approvals.

Findings of Court:
The reversion request has to be reconsidered in accordance with the law and prior orders, as the earlier rejection lacked proper reasoning.

Issues: The key issues include the legitimacy of the rejection of the reversion requests and discrimination against similarly situated individuals.

Ratio Decidendi: The Court held that rejection based on administrative grounds without clear justification is not acceptable, ensuring that administrative decisions adhere to principles of fairness and reason.

Result: The writ petition is allowed, and the impugned memorandum was set aside, directing a reconsideration of the request.

Table of Content
1. petitioners seek reversion from head constable to police constable. (Para 2 , 3)
2. court reviews administrative rejection for lack of clarity and consistency. (Para 4 , 8 , 9)
3. court allows reversion with directions for reconsideration based on precedent. (Para 5 , 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/686/2021 dated 06.12.2021, 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.123/A1/2018-19, D.O. No.5357/2019, 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 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.123/A1/2018-19, D.O.No.5357/2019 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 petitioners, in brief, is that the petitioners have been appointed as Police Constables in the year 2018 and posted to the 1st Battalion, Hyderabad. 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 3rd respondent vide the impugned order Rc.No.A1/Estt/686/2021, dated 06.12.2021, 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 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 Memorandum vide Rc.No.A1/ Estt/ 686/ 2021 dated 06.12.2021 of the respondent No.4 addressed to the petitioners herein is extracted hereunder:

“The following (13) Head Constables of this unit have submitted the representations and the same were forwarded by the concerned OsC of this unit vide reference 1st to 7th and 11th to 13th cited, in which the individuals have requested to revert them to the rank of Police Constable.

Sl NoRankG.No.Nam eCoy.
( 1)( 2)( 3)( 4)( 5)
1HC55Sri Y. Guruvara PrasadHQ
2HC227Sri P. GovindHQ
3HC549Sri A. Linga Murt hyHQ
4HC2148Sri V. Nar eshHQ
5HC545Sri G. Soor ReddyHQ
6HC2466Sri K. ManoharB
7HC145Sri B. SrinivasA
8HC275Sri G. Ravinder ReddyC
9HC408Sri A. Nav eenC
10HC127Sri Manohar GoudHQ
11HC2322Sri K. Pr em Kum arD
12HC509Sri R. BabuC
13HC464Sri G. Nagaraj uE

In this connection, vide references 8th to 10th cited, the Addl. Director General of Police, TSSP Bns, have instructed all the Commandants that, the applications of the HCs of the respective units requesting to revert them as PC are to be rejected on Administrative grounds and also to dispose of the applications of the HCs of their respective units accordingly.

Further, vide reference 14th cited, it is informed that, as per Rule 28 of TELANGANA STATE AND SUBORDINATE

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