Relinquishment of promotion caused by administrative delay in processing conversion requests does not disqualify an employee from receiving benefits under an automatic advancement pay scale scheme, as the delay is not attributable to the employee.

ORDER

In this writ petition, the petitioners are seeking a writ of mandamus declaring that denial of granting of pay scale of SPP-I and SPP-II after completion of 12 years and 18 years of service to the petitioners as illegal, arbitrary and in violation of the automatic advancement scheme of pay issued in G.O.Ms.No.38 Finance (HRM-IV) Department, dated 15.04.2015 and Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to extend the benefit of automatic advanced pay scale of SPP-I and SPP-II to the petitioners forthwith and release their due arrears with proper pay fixation applicable to them under the revised pay scales and to pass such other order or orders in the interest of justice.

2. Initially the writ petition was filed by 74 petitioners, however, some of them were allowed to withdraw the writ petition vide orders dated 12.02.2024. So the petitioners who are pursing the writ petition are Petitioners No.3, 7, 9, 11, 14, 18, 22, 26, 27, 28, 31, 33, 36, 39, 43, 48, 49, 53 to 56, 66, 68, 71 and 72.

3. Brief facts leading to the filing of the present writ petition are that the petitioners were all direct recruited police constables, recruited in the year 2005 in Andhra Pradesh Special Police (APSP). It is submitted that on completion of ten years of service, a police constable can opt for conversion from Special Police to Reserve or to Civil Police with all benefits of pay and other benefits as it is only a transfer from one category to another category in the Subordinate service as per the special rules. It is submitted that after completion of ten years of service in 2015, the petitioners opted for conversion to Reserve Police while working in the Special Police service. They were asked to either opt for promotion in the TSSP or forego the same for conversion to Reserve Service and accordingly, they had given their unwillingness for promotion and opted for conversion. Though the process of receiving options and consideration commenced in the year 2017, it was concluded by the administrative head only in the year 2021 and the petitioners were converted to Telangana State Reserve Service and were posted to Commissionerate of Warangal. It is submitted that the petitioners have completed six years of service in the year 2011 and were given advancement pay benefit but after completion of twelve years of service, the advancement benefit was not given to them on the ground that they have opted for conversion and that it would be considered only in the converted category and in the converted unit of appointment and not by TSSP. It is submitted that on several representations, initially the petitioners were offered and granted twelve years of automatic pay benefit but was withdrawn immediately by respondent No.4 by categorizing them as not entitled group on the ground that they have foregone promotion to the category of Head Constable. It is submitted that though the petitioners have opted for conversion, immediately on completion of ten of service and before twelve years of service, their options were not considered by the administration due to administrative exigencies and for no fault of the petitioners, they have been denied the advancement pay benefit in the twelve years of pay and subsequently, also after completion of eighteen years of service. It is submitted that Rule (b) of Rule 11 of Telangana State and Subordinate Ru