IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION Nos : 4228, 4293 and 10236 of 2009 WRIT PETITION NO : 4228 of 2009 Between: P.Anil Babu, S/o. Rangaiah, (Railways), Guntur, Guntur District. ..... PETITIONER AND 1 The Deputy Inspector General Of Police, Guntur Range, Guntur, Guntur District, Pin: 522 501. 2 The Director General & Inspector General of Police, A.P., Hyderabad-500 001. 3 The Government of Andhra Pradesh represented by its Principal Secretary, Home Department, Secretariat, Hyderabad-500 022. 4 A.P. Public Service Commission, Rep by its Secretary, Gruha Kalpa, Mozamzahi Market, A.P., Hyderabad. 5 Sri G.Srinivasa Rao, Inspector of Police, Special Branch, Nellore. 6 Sri Joseph Rajiv Kumar, Inspector of Police, Baptla, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction, more in the nature of Writ of Mandamus declaring the orders dated 16.2.2009 of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, made in V.M.A. NO.47/09, 52/09 and 171 of 2009 in O.A.No.10097 of 2008 (rendered along with V.M.A No.1170 of 2008 in O.A.NO.9121 of 2008), without determining the criteria for next promotion to the post of deputy superintendents of police, pending disposal of the O.As., as illegal, arbitrary and un-constitutional, and pass such other orders. Counsel for the Petitioner:MR.T.SURYA KARAN REDDY Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES I WRIT PETITION NO : 4293 of 2009 Between: 1 P.Venkatarami Reddy S/o.Venka Reddy Macherla Circle, Guntur District. 2 T.Sankar Reddy S/o.Ram Reddy Ongole Town Circle, Prakasam District. 3 N. Yadagiri S/o.N.Vishwanadham Intelligence, Lakdikapool, AP, Hyderabad. 4 M.Rajani Kanth Reddy S/o.M.R.S.Reddy Kavali Circle, Nellore District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, represented by its Principal Secretary Home Department, Secretariat Buildings, Hyderabad. 2 The Director General & Inspector General of Police, Government of Andhra Pradesh, Lakdikapool, Hyderabad. 3 The Deputy Inspector General of Police, Guntur Range, Guntur. 4 The A.P. Public Service Commission represented by its Secretary, Near Gandhi Bhavan, Hyderabad. 5 Gavini Srinivasa Rao S/o.Not known Special Branch, Nellore, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus declaring the orders passed by the Hon'ble A.PAT in V.M.A. No.s. 1170/2008 and 163/2009 in O.A. No. 9121/2008, V.M.A. No. 47/2009 NA 52/2009 and 171/2009 in O.A. 10097/2008 with M.A. 82/2009, V.M.A/s. 48/2009 and 54/2009 in O.A. 9228/2008 with M.A.S. 3370/2008, 3371/2008, 12/2009, O.A. 5767/2007, O.A. 8334/2008, O.A. 9542/2008, O.A. 596/2009, O.A. 1752/2009, O.A. 2408/2009, with M.A. 489/2009 and O.A. 2090/2009 and V.M.A. 53/2009 in O.A. 9619/2008 dt. 16-02-2009, as erroneous, contrary to law and contrary to the orders passed by this Hon'ble Court and the Hon'ble A.P.A.T. and set aside the same. Counsel for the Petitioners:MR.RAMA RAO MAVIDI Counsel for the Respondent Nos.1 to 4: GP FOR HOME And WRIT PETITION NO : 10236 of 2009 Between: 1 M. Vijaya Kumar S/o. Latchaiah Railways, Nellore, R/o. Flat No.306, Sahiti Apartments, Dargamitta, Nellore. 2 P. Venkata Rami Reddy S/o. Rami Reddy Giddalur Circle, Prakasam District. R/o. Police Quarters, Near Market, Giddalur, Prakasam District. 3 M. Rajanikanth Reddy S/o. M.R.S. Reddy District Crime Records Bureau, Nellore, R/o. H.No.1124-3/C, Ravulla Kolluruvari Veedhi, Kavali, Nellore District. 4 N. Yadagiri S/o. N. Viswanadham Intelligence, Hyderabad, R/o. Flat No.104, Sri Sailaja Plaza, Moosarambagh, Hyderabad. 5 P. Anil Babu S/o. Rangaiah (Railways), Guntur, Guntur District, R/o. Flat No.203, Sri Kara Apartments, S.V.N. Colony, Guntur. ..... PETITIONERS AND 1 The Deputy Inspector General of Police, Guntur Range, Guntur, Guntur District, Pin: 522 501. 2 The Director General & Inspector General of Police, A.P. Hyderabad-500 001. 3 The Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad-500 022. 4 G. Srinivasa Rao Inspector of Police, Special Branch, Nellore. 5 K. Krishna Arjuna Rao, Circle Inspector of Police, Yerragondapalem Circle, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction, more in the nature of Writ of Mandamus, declaring the inaction on the part of the Hon'ble A.P. Administrative Tribunal, Hyderabad, in not issuing appropriate interim orders pending O.A.No.6060 of 2009 filed by the petitioners herein, while issuing only "Notice Before Admission" by an order dated 13.5.2009, as illegal, arbitrary, and unconstitutional by holding that the seniority of the petitioners herein recruited in 1985 having selected by the APPSC by direct recruitment as Sub Inspectors of Police, is to be fixed based on the marks obtained state- wide in the said selections, for the purpose of their higher promotions to the post of Inspectors of Police and Deputy Superintendents of Police pending adjudication of O.A.No.10097 of 2008 and batch and also in O.A.No.6060 of 2009 by the Hon'ble Tribunal, and consequently consider the case of the petitioners herein for promotion to the post of Deputy Superintendents of Police, in pursuance of the order passed by this Hon'ble Court made in W.P.Nos.4228 and 4293 of 2009, dated 3.3.2009, and pass such other orders. Counsel for the Petitioners:MR.T.SURYA KARAN REDDY Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION Nos : 4228, 4293 and 10236 of 2009 COMMON ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Since the issue involved in all these writ petitions being the same, they are clubbed and disposed of by this common order. Heard the learned counsel appearing for the writ petitioners; the learned counsel for the unofficial respondents and the learned Government Pleader for Services-I. The facts in brief are that various O.As. have been filed by the applicants, who are working as Sub-Inspectors of Police before the A.P. Administrative Tribunal, Hyderabad aggrieved by the final seniority list prepared in the category of Inspectors of Police in the respective ranges and the State-wide provisional seniority list in the category of Inspector of Police for ordering promotion to the post of Deputy Superintendents of Police. The Tribunal initially granted interim order on 1.12.2008 directing the official respondents to maintain status quo obtaining as on that date in the matter of ordering promotions to the posts of the Deputy Superintendents of Police. The said order was vacated by the Tribunal on 16.2.2009 in V.M.A. No.1170 of 2008 in O.A. No.9121 of 2008, without assigning any reasons basing on the submission made by the learned Government Pleader that the interim orders are causing administrative inconvenience to the department. Aggrieved by the same, the applicant in the O.A filed Writ Petition No. 4228 of 2009. This Court while issuing notice before admission in the said writ petition, passed the following order on 3.3.2009. “In the event of the respondents effecting promotions to the higher cadre of Deputy Superintendent of Police, they shall take into account the marks obtained by the candidates in the examination conducted by the Public Service Commission in the cadre of Sub-Inspector of Police in the year 1985, as the same procedure was adopted in respect of the Hyderabad Zone, pending disposal of O.A.” Now, coming to the second writ petition, namely, Writ Petition No. 4293 of 2009, this writ petition is filed by the petitioners aggrieved by the vacation of the self-same interim order dated 16.2.2008 in VMA No.1170 of 2008 in O.A No. 9121 of 2008 of the A.P. Administrative Tribunal. In this writ petition also, this Court passed a similar interim order as was passed in Writ Petition No. 4228 of 2009. In so far as the third writ petition, namely, Writ Petition No. 10236 of 2009 is concerned, this writ petition is filed by the petitioners assailing the inaction of the A.P. Administrative Tribunal, Hyderabad in not passing any interim orders in O.A. No. 6060 of 2009 filed by them. This Court while admitting the said writ petition, made the following order in W.P.M.P. No. 13195 of 2009, which reads thus: “Heard both sides. Having regard to the facts and circumstances of the case and especially in view of the interim orders granted by a Division Bench of this Court on 3.3.2009 in Writ Petition No.4293 of 2009, the question of proceeding further with the promotions as per the seniority list is nothing but continuation of the earlier provisional seniority list. In view of the same, there shall be a direction not to proceed with the promotions any further until further orders. Post the writ petition along with Writ Petition No.4293 of 2009 after two weeks.” Today, when the matters were taken up for hearing, after arguing the matter at length for some time, learned counsel for the writ petitioners as well as the unofficial respondents have agreed to dispose of the writ petitions in terms of the interim orders passed by this Court in the aforesaid three writ petitions. But the learned Government Pleader appearing for the State, on the other hand, has submitted that in all other ranges, except the Hyderabad Range, as per the earlier order of the Tribunal in O.A. Nos. 4917 of 1994 and batch, dated 11.6.1996, which was upheld by the Supreme Court in Special Leave to Appeal (Civil) No. CC.3/04/97 on 10.4.1997, the inter se seniority among the direct recruits selected by the A.P.Public Service Commission and appointed in the year 1985 as Sub-Inspectors of Police, was determined with reference to the ranks secured by them in the competitive examination conducted by the Andhra Pradesh Public Service Commission. In so far as Hyderabad Range is concerned, in view of the resultant controversy, the final seniority list has been prepared based on the marks obtained by the direct recruits for the post of Sub-Inspectors of Police of 1985 batch. Therefore, having regard to the facts and circumstances of the case, we are of the opinion that the final seniority list prepared in respect of Hyderabad Range, basing on the marks secured by the candidates in the competitive examination conducted by the A.P.Public Service Commission in the recruitment of Sub-Inspectors of Police has to be integrated with the tentative seniority list to be prepared in respect of other zones among the direct recruits selected by the Service Commission and appointed in the year 1985 as Sub-Inspectors of Police with reference to the marks secured by them in the competitive examinations conducted by the A.P.P.S.C., and the inter se seniority among the candidates be determined accordingly, and, thereafter consider their cases for promotion to the post of Deputy Superintendents of Police. Learned counsel for all the parties have agreed for this interim arrangement, pending disposal of the O.As. before the A.P. Administrative Tribunal. The interim orders granted by this Court stands modified accordingly. We also feel it just and proper to direct the A.P. Administrative Tribunal to consider and dispose of the main O.As., which are pending on its file, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The writ petitions are accordingly disposed of. No costs. ______________ V.ESWARAIAH,J Date: 10th June, 2009 __________________ P. SWAROOP REDDY,J Pnb/vtl