An employee cannot be granted notional promotion to a higher post if a mandatory pre-condition, such as a training course, was not fulfilled during the relevant period, even if the failure to facilitate such training was due to pending litigation.

JUDGMENT

Heard Sri B.Krishna, learned Government Pleader for Services (Home) appearing for appellants; Sri G.V.Shivaji, learned counsel for respondent No.1 and Sri.K.Mallikharjuna Moorthy, learned counsel for respondent No.2 and perused the record.

2. This writ appeal is preferred under Clause 15 of the Letters Patent , against the order dated 03.12.2024 passed by the learned Single Judge in W.P.No.13199 of 2021. By the said order, the learned Single Judge disposed of the writ petition with a direction to the appellants to fix the seniority of the respondents (writ petitioners) from the date of their initial appointment in the cadre of Police Constable (Armed Reserve) and to grant them notional promotion as Head Constables with effect from the year 2013, i.e., the date on which their juniors were promoted, along with all consequential benefits.

Factual matrix

3. The respondents herein were initially appointed as Police Constables in the Armed Reserve (AR) and belong to the 1989 batch, having entered service on 03.01.1989. After rendering long and continuous service in the Armed Reserve category, they were subsequently converted to the cadre of Police Constables (Civil) in the year 2010, in accordance with the 10% quota earmarked for such conversion under G.O.Ms.No.374, Home Department, dated 14.12.1999 and G.O.Ms.No.244, Home Department, dated 18.09.2010.

4. Meanwhile, a dispute arose with regard to the minimum qualifying service required for promotion from the post of Police Constable (Civil) to that of Head Constable (Civil) in respect of such converted constables. Initially, the requirement prescribed was five years of service. However, the Government, with a view to rationalize and remove disparities, issued G.O.Ms.No.212, Home (Legal-II) Department, dated 06.09.2013, whereby the minimum qualifying service was reduced from five years to three years in respect of converted Police Constables (Civil).

5. The said Government Order was subjected to challenge before the erstwhile Andhra Pradesh Administrative Tribunal (Tribunal) in O.A.No.7562 of 2013 and batch at the instance of directly recruited Police Constables (Civil). The Tribunal, by its order dated 30.01.2014, was pleased to set aside G.O.Ms.No.212. Aggrieved thereby, the converted constables, including the present respondents filed W.P.Nos.31423 of 2014 and batch, wherein a Division Bench of this Court, by a common order dated 22.01.2015, was pleased to set aside the order of the Tribunal by upholding the validity of G.O.Ms.No.212, thereby restoring the reduced eligibility period of three years, operative from the date of issuance of the said Government Order.

6. During the pendency of the aforesaid litigation and in view of the interim directions, including orders of status quo passed by this Court, the Department was constrained from proceeding with the promotional process, including conducting the mandatory Pre-Promotional Training (PPT). The PPT which was scheduled on 15.12.2014 was postponed on account of such judicial orders. The respondents themselves have admitted, in their representation dated 06.10.2020, that they “could not be sent to PPT owing to continuous legal constraints, even though the applicants became eligible for promotion to the category of HC’s after completing 3 years’ service in civil police after conversion from Armed Reserve Police”.

7. Subsequent to the final adjudication by the Court upholding G.O.Ms.No.212, the Department initiated necessary steps in compliance thereof. Accor