ORDER:

The present case has been filed questioning the letter of the Director General of Police issued to the 3rd respondent dated 13.09.2019 calling upon the 3rd respondent to send 59 Armed Reserve Head Constables from Guntur Range, in accordance with their seniority, for pre-promotional training prior to promotion to the post of Assistant Reserve Sub-Inspector.

2. A perusal of the pleadings in the writ petition and reply affidavit of the petitioners and the counter affidavit filed on behalf of the respondents would reveal the following facts: 3. The petitioners had joined as police constables (Armed Reserve) in Nellore District in the year 1990, which is part of the Guntur Range. The other areas falling within the Guntur Range were the Districts of Prakasam and Guntur. Subsequently, Guntur District was bifurcated into Guntur Urban District and Guntur Rural District.

4. The recruitment to police constables (Armed Reserve) was a direct recruitment. However, police personnel working in A.P. Special Police Battalion, sought transfer and absorption into the Armed Reserve. This caused disputes relating to seniority that would need to be given to Police Constables, who would be transferred from A.P. Special Police Battalion to the Armed Reserve. These disputes, after some litigations were resolved by way of issue of G.O.Ms.No.01 Home (Legal-I) Department, dated 07.01.2016. The inter-se seniority was fixed in the following manner:

“The seniority of Police Constables in Armed Reserve, appointed by transfer from Special Police Battalions shall be fixed giving weightage of one year of service for every completed two years service rendered as Police Constables in Special battalions, subject to a maximum of seven years”

5. On the basis of these guidelines the inter-se seniority of the police constables, was revised and notional seniority was assigned as Head-Constable (AR) from 01.01.2008. The notional seniority of Head-Constable (AR) of Guntur Range was approved by the Government vide G.O.Ms.No.118, dated

20.09.2019.

6. Even before the issue of G.O.Ms.No.118, the Heads of each of the police ranges were called upon to identify the number of vacancies available in the post of Assistant Reserve Sub-Inspector and to send the names of the Head-Constables, in accordance with their seniority, who would be eligible for promotion to the post of Assistant Reserve Sub-Inspector for pre-promotional training. In the case of Guntur Range, 59 posts were identified in the cadre of Assistant Reserve Sub-Inspector as vacant.

7. On a parallel note, the tentative seniority list of Armed Reserve Head Constables of Nellore District was circulated on 23.04.2019. At that stage, the petitioners appear to have submitted a representation, objecting to the consolidated seniority list of the Armed Reserve Head- Constables, working in Guntur Range. The objections are as follows:

1) When Guntur District was bifurcated in Guntur Urban and Rural, the petitioners were not given an option to join either of these bifurcated Districts which caused loss of seniority to the petitioners; and

2) The petitioners objected to range wide promotions of Armed Reserved Head Constables to Assistant Reserve Sub-Inspector by taking notional dates of promotions to Head constable.

8. These objections were considered and Memo bearing C.No.1540/A1/2019, dated 26.12.2019 was issued by the Inspector General of Police, South Coastal Zone, Guntur Range, Guntur. The above two objections raised by the petitioners were rejected on the following grounds:

1. As per the Presidential Order (Six Point Formula), the post of ARHC is District level post. Hence, the vacancies arose irrespective of reasons (new sanctions/promotion/death/ retirement) shall be filled up with the feeder cadre of the post at District level only. Hence, calling for willingness of other District personnel does not arise.

2. The post of ARSI is a zonal post as per the Presidential Order and the feeder cadre for the post is ARHC as per Rule 2