THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.19370 and 28242 of 2017

COMMON ORDER:

In view of the similarity of issue, these writ petitions are being disposed of by this Common Order. For reference, the facts in W.P.No.19370 of 2017 are taken.

2. The case of the petitioner, as per the writ affidavit in W.P. No. 19370 of 2017, is that he was appointed as Armed Reserve Police Constable on 22.11.1976; and thereafter, he obtained promotion as AR Head Constable during 1991 and further promotion as AR Sub-Inspector on 22.11.2010. He retired on attaining the age of superannuation on 31.03.2016. It is his case that he passed the pre-promotion test to become Reserve Sub-Inspector (RSI) in July 2010, but he was not promoted on par with his batchmates, due to which his promotion as RSI was delayed by 3 months; and that his batchmates and juniors had been sent for training as RSI and they completed two years of service in the higher post of RSI, but the petitioner remained in the lower category of ARSI and retired in the same post. The petitioner made several representations, i.e., on 02.09.2014 and 22.02.2016, to the 2^ndrespondent—Deputy Inspector General, Hyderabad Range; however, his representations were not considered in view of the ban imposed in terms of the A.P. Reorganization Act, 2014. The petitioner submitted another representation to the 2^ndrespondent on 15.03.2016 after removal of the ban; however, in the meanwhile, the petitioner retired from service on 31.03.2016. The matter was pending with the respondent authorities for the last two years; and the 2^ndrespondent issued the impugned memo dated 25.11.2016 informing that the vacancy position of RSI and ARSI had been called for effecting promotions, and the information had been furnished, and that the petitioner had been shown at the 3rd position in the Seniority List of ARSIs to effect promotion as RSI, and thereafter the request for promotion as RSI (AR) was examined and rejected. It is stated that the Government issued G.O. Rt. No. 695, GAD, dated 03.03.2015, according permission to make promotions/appointments by transfers involving promotions, purely on a temporary/ad hoc basis, to the posts having State cadres and also to the posts in the Secretariat, Heads of Departments, State Level Offices, etc.; and that the respondent authorities had not completed the process of promotions even until the retirement of the petitioner on 31.03.2016; and the petitioner had to retire without promotion even though he was the senior-most and there were RSI vacancies existing in Hyderabad Range; and thereby the petitioner had to suffer loss not only promotion-wise but also financially.

3. Heard Mr. A. Tirupathi Goud, learned counsel for the petitioner;

and learned Government Pleader for Services-I. Perused the record.

4. Learned counsel for the petitioner submits that a similar matter has been adjudicated by this Court in M. Nagaraju vs. State of Telangana, W.P.No.22926 of 2019, dated 06.01.2023 and the issue in the present writ petition is identical to that of M. Nagaraju (supra) and therefore similar orders may be passed in the present writ petition also. Learned Government Pleader does not dispute the submission made by the learned counsel for the petitioner.

5. This Court, while allowing the writ petition in Nagaraju (supra)directed as follows:

“13. Accordingly, the Writ Petition is allowed by setting aside the impugned Memo No.18808/Ser.I/A2/2016 dated 24.06.2017 and the consequential rejection order in Rc.No.513/E3/2018 dated 22.02.2019 issued by the 1^st and 2^nd respondents and they are further directed to pass necessary orders in promoting the petitioner as Reserve Inspector (AR) in the panel year of 2014-15 with benefits incidental thereto. Respondents No.1 and 2 are directed to include the petitioner’s name over and above that of the 5^th respondent in the final seniority list of Reserve Inspectors (AR) working in Special Armed Reserve, Central Police Lines, Amberpet, Hyder