THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.2834 OF 2019

ORDER:

Heard Sri P.Narasimha, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Home appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a writ, order or direction more in the nature of writ of Mandamus declaring the action of the respondents in not communicating the order of notional promotion of the petitioner in the category of Inspector of Police with effect from the date on which his immediate junior was promoted to the said post i.e. 30- 12-2010 to him while showing the notional date of promotion in the rectified seniority list of Inspector of Police in Rc.No. 1483/E1-293/HR/2015-16, dated 13- 12-2016 and thereby not extending the consequential benefits of increment and also Special Grade Scale in the category of Inspector of Police at the right time is as illegal, arbitrary, unjust, violative of Articles 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled for extension of consequential benefits of notional promotion in the category of Inspector of Police with effect from 30-12- 2010 with all attendant benefits including releasing of annual grade increment and special grade scale at the right time of granting notional promotion to the petitioner and pass…”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:

i) The petitioner was appointed as Sub-Inspector of Police in 2001 and was due for promotion to the post of Inspector of Police along with his batch-mates in 2010. However, the promotion of the petitioner was deferred due to the imposition of a Censure punishment, which was later set aside by the Government on 22.11.2011.

ii) Although the petitioner was promoted in 2012, he was not granted the consequential benefits of notional promotion, including seniority, special grade increments, and other related benefits with effect from the year 2010.

iii) The petitioner made several representations seeking rectifications of petitioner’s seniority and grant the consequential benefits, but these were not fully considered, owing to pending correspondence between the States. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the impugned order vide Memorandum No.567/ E1-82/ HR/ 2017-18 dated 05.07.2018 issued by the respondent No.1 to the petitioner herein is extracted hereunder:

“Sri M.Jithender Reddy, Inspector of Police (Civil) of Hyderabad Range now working in CID on deputation basis has submitted a representation for issue of notional seniority and consequential benefits.

The contents of the representation of Sri M.Jithender Reddy, Inspector of Police (Civil) of Hyderabad Range now working in CID on deputation basis has been examined with relevant rules and Chief Office instructions. It is informed that, the name of Sri M.Jitender Reddy was considered by the DIG, Hyderabad Range at the time of rectification of seniority list Inspector of Police (Civil) and assigned rectified notional date to the applicant in the rank of Inspector of Police (Civil) w.e.f. 01-09-2010. The Final rectified seniority lists of (3) Ranges of Telangana State including Hyderabad Range were sent to the DGP, AP, Hyderabad, with a request to send the same along with Final Seniority Lists of (4) Ranges of Andhra Pradesh State for approval of the Government of AP who is the cadre controlling authority in consultation with the Government of Telangana. Hence, without approval of the said seniority list, no action will be taken on the consequential benefits on the rectified notional date of the individuals.

Therefore, the request of the above individual is examined and disposed off.”

B) The averments made in the affidavit filed by the pet