HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5369 OF 2022

ORDER:

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 3^rd respondent wherein rejected the claim of the petitioner's for reversion from the rank of HC to PC vide Rc.No.40/A1-Estt/2022 dated 22.01.2022 and Rc.No.10/A1-Estt/2021 dated 21.09.2021, even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of HC to PC on their request vide orders 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 same with a consequential direction to respondents to consider the claim of the petitioner's 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 were directly recruited as Police Constables in the year 2018 and posted to the 3^rd IR Battalion. Under the Telangana State Police Rules, they are eligible for conversion to Armed Reserve (AR) Constables after completing 10 years of service. The petitioners were 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 4^th respondent vide the impugned memos dated 22.01.2022 in Rc.No.40/A1-Estt/2022 and 21.09.2021 in Rc.No.10/A1-Estt/2021, without assigning proper reasons, merely citing administrative grounds though similarly situated individuals like the petitioners herein were allowed reversion by other battalions vide order dated 18.02.2020. Aggrieved by the said rejection, the petitioners have approached this Court by filing the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the impugned order dated

18.02.2020 vide R.C.No. A1/ 16/ PPT/ 2018-20 D.O.No.266/ 2020 of the respondent No.3 issued to the petitioners herein is extracted hereunder:

“With reference to the orders 1^st cited, the following Police Constables were promoted as Head Constable and they both have reported for duty as HC on 23.02.2019 Now, they have submitted representation with reference 3^rd cited requesting to revert them as Police Constable in view of family problems.

1. Sri Ch. Sekhar, HC 317

2. Sri V. Shravan Kumar, HC 357.

In this regard with reference to TSSP Head office memo 2^nd cited the Committee was formed vide reference 4^th cited, and counseled the above Head Constables and appraised them the benefits available in TSSP on continuation as Head Constable.

Despite of the counseling the above Head Constables have submitted their representations vide reference 6^th cited, stating that they are not willing to work as HC and requested to consider for reversion as Police Constable in view of family problems.

As per TSSP Head Office vide reference 2^nd cited a probationer Head Constable can be reverted as Police Constable as per his willingness.

Hence, Sri Ch. Sekhar, HC 317 and Sri V. Shravan Kumar, HC 357 are reverted to their substantive post of Police Constable with immediate effect, at their own request in view of family problems.

Hence the OC HQ Coy is directed to send the date of reversion of the above HCs as Police Constable and report compliance.

Clerk is directed to revise the pay of above individuals in the s