The government clarified that ad hoc rules regarding seniority weightage cannot be applied retrospectively to recruits already appointed, ensuring seniority is determined by pre-existing service rules.

COMMON ORDER:

Heard Mr. M. Krishna Reddy, learned counsel representing Mr. Vinay Krishna Kodali, learned counsel for the petitioners in W.P.No.11419 of 2026; Mr. Avinash Desai, learned Senior Counsel representing Ms. K. Harshitha Reddy, learned counsel for the petitioners in W.P.No.11444 of 2026; Mr. B. Krishna, learned Government Pleader for Home (Services) appearing for respondent Nos.1 and 2 and Mr. P.S. Rajasekhar, learned Standing Counsel for Telangana Public Service Commission appearing for respondent No.3.

2. The genesis of the instant litigation stems out of an ad hoc rule contained in G.O.Ms.No.123 dated 25.10.2025 laying down the weightage criterion for determination of seniority of the newly recruits to the cadre of Deputy Superintendents of Police (DSPs) in the recent recruitment exercise held under Notification No.02/2024 on the ground that it changes the rule position as to determination of their seniority. The crux of the matters is captured in the order dated 16.04.2026. The relevant portion of which is reproduced hereunder:

“Learned Senior Counsels for the petitioners have assailed the impugned ad hoc Rules contained in G.O.Ms.No.123, dated 25.10.2025 laying down the weightage criteria for determination of seniority of the newly recruits to the cadre of Deputy Superintendents of Police in the recent recruitment exercise held under Notification No.2 of 2024 on the ground that it changes the rule position as to determination of their seniority. It is contended that though the Rules framed under proviso to Article 309 of the Constitution of India, are not made retrospectively applicable in explicit terms, but the impugned Memo dated 02.12.2025 issued by the Director General of Police has made the impugned Rules applicable to the current batch of probationary Deputy Superintendents of Police, who have been selected as Deputy Superintendents of Police (Civil) and commenced training on 27.10.2025.

Learned Senior Counsels for the petitioners have referred to Clause 13.5 of the recruitment Notification No.2 of 2024. Rule 2 of the Telangana State and Subordinate Service Rules, 1996 , defines “Ad hoc rules” and Rule 33 of the said Rules prescribes fixation of inter-se seniority. As per the Telangana Police (Civil) Subordinate Service Rules, 1999, the fixation of seniority of the direct recruits is to be determined by the date of first appointment to such service, class, category or grade. It is submitted that the impugned Ad hoc rules which are meant to govern temporary posts or all or some of the services in regard to the issue of common applicability of such services cannot be framed to amend or override the existing general rules or special rules governing the service condition of the petitioners.

It is submitted that the weightage criteria under the impugned rules would lead to disharmony by relying on imponderable variables during the training process. Therefore, the petitioners being aggrieved approached this Court.”

3. These matters were subsequently adjourned on successive dates on the request of the learned Government Pleader for Home (Services) on the ground that the representation of the petitioners was being examined by the Government.

4. Today, when these matters have been taken up, learned counsel for the State has produced a copy of Memo No.1901/Legal/A1/2025 dated 25.07.2026 on the subject of revision of Service Rules in Police Department wherein a clarification was issued on the applicability of the ad hoc rule to the present batch Probationary DSPs (Civil) selected under Notification No.02/2024 and appoint