IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.16166 OF 2020 DATE: 17.02.2026 Between:

S.P.Kasim Peera ….Petitioner AND The State of Telangana and 8 others ….Respondents

ORDER

Heard Sri A.Srinath, learned counsel for the petitioner; and Sri B.Krishna, learned Government Pleader for Home appearing for respondent Nos.1 to 4 and perused the record.

2. This writ petition is filed under Article 226 of the Constitution of India, with the following prayer:-

…..to pass an order or a direction or a writ, more specifically a writ in the nature of writ of mandamus declaring the Rule 3 of the AP Police (Special Police Battalions) Sub-ordinate service rules issued vide nominating the Commandant as the 'Appointing Authority" for Police constables to Asst Reserve Sub Inspectors in proceedings G.O. Ms. No. 69 Home (police-D) Dept, dt. 07-04-1997 as also the rule (1) (b) of the GOMS No. 85 (police- D) Dept, dt. 28-04-1997 drawing up promotions within the Battalion for police constables to Asst reserve sub-inspectors without drawing up State Level seniority as mandated not only by the presidential order but also by circular memo no. FSA /01/2014 dated 30-04-3014 as illegal and violative of the petitioner's rights under article 14, 15 and 21 of the constitution of India, set aside Rule 3 of the AP Police (Special Police Battalions) Sub-ordinate service rules issued nominating the Commandant as the 'Appointing Authority" for Police constables to Asst Reserve Sub Inspectors and also rule (1) (b) of the GOMS No. 85 (police-D) Dept, dt. 28-04-1997 drawing up promotions within the Battalion for police constables to Asst reserve sub- inspectors as being in violation of the presidential order and as illegal and consequently refix the seniority of the petitioner vis a vis his juniors who have been promoted before him in spite of having been appointed after him based on rule (3) of G.O. Ms. No. 69 Home (police-D) Dept, dt. 07-04-1997 as also the rule (1) (b) of the GOMS No. 85 (police-D) Dept, dt. 28-04-1997 and direct placing him above all of his juniors promoted before him, and pass such other further order or orders that are deemed fit and proper in the circumstances of the case and in the interest of justice.

3. This Writ Petition is filed challenging the constitutional and legal validity of Rule 3 of the Andhra Pradesh Police (Special Police Battalions) Subordinate Service Rules (for short ‘Special Police Service Rules’), notified vide G.O.Ms.No.69, Home (Police-D) Department, dated 07.04.1997, and Rule 1(b) of G.O.Ms.No.85, Home (Police-D) Department, dated 28.04.1997.

Factual Matrix (in brief)

4. The petitioner is a member of the Andhra Pradesh Police establishment and is presently serving as an Assistant Reserve Sub-Inspector (ARSI) in the 8^th Battalion of the Telangana State Special Police (TSSP). The service conditions of personnel serving in the Special Police Battalions are governed by statutory rules issued by the State Government from time to time.

5. By G.O.Ms.No.69, Home (Police-D) Department, dated 07.04.1997, the Special Police Service Rules were notified. Rule 3 thereof, inter alia, provides for the method and manner of appointment and promotion to various posts in the Special Police Battalions. Subsequently, G.O.Ms.No.85, Home (Police-D) Department, dated 28.04.1997, was issued, wherein Rule 1(b) made certain provisions applicable to promotions within the battalion structure.

6. The grievance of the petitioner arises in the context of promotion from the cadre of Police Constable to that of ARSI. According to the petitioner, promotions to the post of ARSI have been effected by reckoning battalion-wise seniority, in terms of the aforesaid Rules and Government Orders. The petitioner claims to be adversely affected by the application of battalion-level seniority, as opposed to State-level seniority, for the purpose of promot