APHC010085802020 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5012/2020 Between:

1. V . SREENIVASULU, , S/O. LATE VANNURAPPA AGED ABOUT 45 YEARS, OCC. HEAD CONSTABLE HC823, CCS PS, ANANTHAPURAM, R/O. D.NO.7/420, RAHAMATH NAGAR, ANANTHAPUR, ANANTHAPURAM DISTRICT, ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. T HE DIRECTOR GENERAL OF POLICE, , STATE OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT.

3. T HE INSPECTOR GENERAL OF POLICE, , KURNOOL, KURNOOL DISTRICT.

4. T HE DEPUTY INSPECTOR GENERAL OF POLICE, KURNOOL, KURNOOL DISTRICT.

5. T HE SUPERINTENDENT OF POLICE, ANANTHAPURAM DISTRICT, ANANTHAPURAM.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in considering the representation/request of the Petitioner for Notional Promotion as Head Constable w.e.f 11.06.2011 and also promotion as ASI from the date of promotion of immediate junior of petitioner in SC Category as illegal, arbitrary and discrimination and violation of Articles 14, 19 and 21 of the Constitution of India and contrary to the Service Rules and Consequently direct the Respondents to give Notional Promotion to the Petitioner as Head Constable w.e.f 11.06.2011 by considering the repeated representations of the Petitioner and pass Counsel for the Petitioner:

1. KAVITHA GOTTIPATI Counsel for the Respondent(S):

1. GP FOR SERVICES I HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.5012 of 2020 This Court made the following

ORDER:

Learned counsel for the petitioner submits that the petitioner herein was appointed as constable by the respondent authorities on 03.07.1990 and he was placed at the Serial No.31 as per the merit list prepared for selection of constables in Anantapuram District for the year 1990. While so, the respondents are taking steps for further promotion as Head Constable (HC) as well as for promotion to Assistant Sub Inspector (ASI) in SC category, but ignoring the candidature of the petitioner and by promoting his juniors to the cadre of HC and ASI. Challenging the said action of the Respondents, the present Writ Petition is preferred seeking to consider the services of the petitioner to promote as HC as well as ASI w.e.f 11.06.2011, on which date the petitioner is eligible to promote as HC and thereafter as ASI.

2. Even after submission of representations, pending writ petition, the respondents have not considered the claim of the petitioner herein. Therefore, the inaction of the respondents in promoting the petitioner by considering the services of the petitioner from 11.06.2011 is illegal and arbitrary.

3. On the other hand, learned Government Pleader filed counter-affidavit wherein it is stated as under:

“5. It is further submitted that the applicant herein was appointed as Police Constable on 31.07.1990 and he was kept in the list of Sl.No.31 with General No.1823/AN. He was having several punishments with stoppage of increments without cumulative effect for one year in each case i.e., from 2006 to 2012 and hence his promotion was not considered with effect from 11.06.2011. It is further submitted that the allegation that all the punishments are expired by 27.06.2013 is not true. It is to submit that the currency of punishments were expired as on 28.08.2014. As the punishments were under currency he was not entitle for promotion on 11.06.2011 but subsequently after expiry of the punishment of stoppage of increments his promotion was considered