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2025 Supreme(Online)(TEL) 2287
HIGH COURT OF TELANGANA
K.C.BHANU, ANIS, JJ
E.Shankar Reddy – Appellant
Versus
The State of Telangana – Respondent
WP/33953/2014
Amendments to service rules reducing minimum service for promotions among police personnel were upheld as reasonable classifications under Articles 14 and 16, not constituting discrimination.
Headnote:(A) Andhra Pradesh Police (Civil) Service Rules, 1998 - G.O.Ms.No.208 dated 31-08-2013 and G.O.Ms.No.212 dated 06-09-2013 - Amendments reducing minimum service for promotion - Direct recruits challenged amendments alleging violation of Articles 14 and 16 of the Constitution - The Tribunal found discrimination in the classification of direct recruits and converted personnel for promotions, ruling it unconstitutional. (Paras 6, 19, 46)
(B) Constitutional Law - Right to Promotion - The right to be considered for promotion is a fundamental right, but not a right to promotion itself - The classification must be reasonable and serve a legitimate purpose. (Paras 19, 46)
(C) Administrative Law - Judicial Review of Legislative Amendments - The Court may not interfere with policy decisions unless manifest arbitrariness is shown. (Paras 19, 46)
Facts of the case:
The petitioners, direct recruits as Sub-Inspectors and Constables, challenged the amendments reducing the minimum service required for converted Reserve Sub-Inspectors and Constables for promotions, claiming it violated their rights under Articles 14 and 16.
Findings of Court:
The Court held that the amendments did not violate constitutional provisions, as the classification was reasonable and served a legitimate purpose.
Issues: Whether the amendments creating different eligibility criteria for promotion among direct recruits and converted personnel constituted discrimination under Articles 14 and 16.
Ratio Decidendi: The Court ruled that reasonable classification is permissible under Article 14, and the amendments aimed to enhance operational efficiency in the police force.
Result: Writ petitions allowed, Tribunal's order set aside.
(per the HON’BLE SRI JUSTICE K.C.BHANU
There are two sets of writ petitions. Since they involve common question of law, they are being disposed of by this common order.
2. First set of writ petitions relates to G.O.Ms.No.208 Home (Legal II) Department, dated 31-08-2013 issued by the Government reducing minimum service from 6 years to 4 years in respect of Sub- Inspector of Police (Civil) by transfer from Reserve Sub- Inspector of Police for the purpose of getting eligibility for promotion as Inspector of Police (Civil) by an amendment by substituting sub-rule (b) of Rule 6 of Andhra Pradesh Police (Civil) Service Rules, 1998.
3. Second set of writ petitions relates to G.O.Ms.No.212 Home (Legal I) Department, dated 06-09-2013 reducing minimum service from 5 years to 3 years as eligibility criteria for promotion to the post of Head Constable (Civil) to such of those Police Constables (Civil) who were appointed by conversion from Armed Reserve etc.,
4. With regard to the first set of writ petitions, the applicants in the Original Applications (for short ‘O.A.’) were appointed by way of direct recruitment to the post of Sub- Inspector of Police (Civil) (for short ‘S.I.’) whereas unofficial respondents were initially recruited as Reserve Sub-Inspector of Police (for short ‘R.S.I.’). Common selection of S.Is and R.S.Is is taken up by the Police Recruitment Board by issuance of combined notification duly specifying number of vacancies to be filled in for each category. A.P. Police (Civil) Subordinate Service Rules, issued under G.O.Ms.No.374, dated 14-12-1999 was amended thereby fixing 5% quota for R.S.Is by appointment by transfer as S.I.. Accordingly, some of the writ petitioners were appointed by conversion as S.Is from the category or cadre of R.S.Is. It is not in dispute that the regular S.Is and the persons who were converted by transfer from R.S.Is to S.Is have to put up minimum service of 6 years for eligibility to be promoted as Inspector of Police. In pursuance of the amendment to the Andhra Pradesh Police (Civil) Service Rules, 1998 (for short ‘the Rules’) in G.O.Ms.No.208, Home (Legal II) Department, dated 31-08-2013, the period of 6 years has been reduced to 4 years in respect of S.Is who are appointed by conversion from R.S.Is and that period has to be counted from the date of conversion. That was under challenge before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) by the direct recruit S.Is.
5. In the other set of writ petitions, the writ petitioners therein were initially appointed as Armed Police Constables and subsequently they were converted as Police Constables (Civil). The Government amended Rule 7 of the Rules thereby the converted Reserve Constables have to put up not less than 3 years of service for promotion as Head Constables. Earlier for promotion from the category of Police Constables (Civil) to the Head Constable, the direct recruit police constables or reserved constables, who have been converted to regular Police Constables, have to put up minimum of 5 years of service which is eligibility criteria. That 5 years of service was reduced to 3 years in respect of Reserve Constables who have been appointed by conversion to the post of Police Constables (Civil). This amendment was brought in G.O.Ms.No.212, Home (Legal I ) Department, dated 06-09-2013. The source of recruitment to the Police Constables and Armed Constables is different. But the Rules permit for conversion of Armed Constables to Police Constables. The said amendment was under challenge before the Tribunal by the directly recruited Police Constables as the amendment violates Article 14 and 16 of the Constitution of India .
6. The Tribunal after considering the material available on record, held thus:
“We are of the considered view that the Civil Police and the Armed Reserve Police come under different organizations and the personnel in those organizations are governed by different set of Rules. When once Armed Reserve
