IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 3403 of 2000 Between: Murthuza Khan S/o.Nadir Khan, R/o.Adilabad ..... PETITIONER AND 1 Andhra Pradesh Administrative Tribunal rep.by its Registrar, Hyderabad 2 The Deputy Inspector of Police, Warangal Range, Warangal 3 The Superintendent of Police, Adilabad District Adilabad ..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 call for the records in OA.No.6920/97 of Andhra Pradesh Administrative Tribunal and quash the same and issue writ or order or direction more particularly one in the nature of writ of certiorari and quash the proceedings of the Superintendent of Police, Adilabad District in File No.C.No.1077/A2/96, DO.No.1028/97 dt.14/6/97 and set aside the same with all consequential benefits by declaring that the petitioner herein is entitled to continue as Sub-Inspector of Police or to pass such other order as this Hon'ble Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.VINOD KUMAR DESHPANDE Counsel for the Respondents : GP FOR HOME The Court made the following : O R D E R (Per the Hon’ble Sri Justice V.Eswaraiah): This writ petition is filed for a Writ of Certiorari, to call for the records in O.A.No.6920 of 1997 on the file of the Andhra Pradesh Administrative Tribunal, and quash the orders passed therein, and also to quash the proceedings of the 3rd respondent-Superintendent of Police, Adilabad, in C.No.1077/A2/96 D.O.No.1028/97, dated 14.06.1997, and to declare that the petitioner is entitled to continue as Sub-Inspector of Police. It is the case of the petitioner that he was appointed as a Police Constable in the year 1974 and thereafter promoted as Head Constable and included in the ‘A’ list, and again promoted as Sub- Inspector of Police, on 05.02.1989. While so, a reversion order was issued by the 3rd respondent-Superintendent of Police, on 14.06.1997, reverting the petitioner to the post of Head Constable, from that of Sub- Inspector. Questioning the same, he filed O.A.No.6920 of 1997 before the Administrative Tribunal. Before the Tribunal, it was the contention of the petitioner that during the year 1990, he was included in the ‘C’ list i.e. the list of Head Constables, who are fit to act as Sub-Inspectors, but subsequently, a fresh list of persons fit to act as Sub-Inspectors, was prepared in 1992, deputing them for training and that the petitioner’s name was not included in the said list. However, it is stated that from the date of his promotion, the petitioner has been continuously working as Sub-Inspector of Police, therefore, he is entitled to continue as Sub-Inspector. However, the Tribunal, without accepting the said contentions, dismissed the O.A., holding that the petitioner is not entitled to occupy the 70% quota meant for direct recruitees, and when direct recruitments are made, there is no alternative, except to revert all the promotee Sub-inspectors, who are promoted on out-of-seniority basis. It is not in dispute that for filling up the vacancies to the post of Sub-Inspector of Police, 30% quota is meant for promotees and 70% quota is meant for direct recruitees. Admittedly, the petitioner was temporarily promoted as Sub-Inspector, on out-of-seniority basis, in the quota meant for the direct recruitees. It is the contention of the petitioner that during the year 1990, his name was included in ‘C’ list i.e. the list of Head Constables fit to act as Sub-Inspector of Police. But, it is stated in the counter that during the year 1990, the range level examination of Head Constables has been conducted, and out of 534 Head Constables, 413 were qualified in that examination and the petitioner stood at Serial No.132, but not at 27 as stated by him. It is further stated in the counter that as the petitioner and other out-of- seniority Sub-inspectors were working in the vacancies of 70% quota meant for direct recruitees, they were reverted in accordance with the orders passed in O.A. No.5800 of 1992 and batch, dated 19-04-1994. The directions issued in the said O.A are as follows: “(i) Substitution of PSO 107 by G.O.Ms.No.585, Home, dt.7.10.1991 is held to be invalid. (ii) The list of Head Constables prepared in the year 1990 in various parts of the State in anticipation of G.O.Ms.No.585 for sending them for training is held to be illegal and will not be operated any further. This will not effect the persons, who have already successfully completed the tests after training by the end of April, 1994. (iii) The list of Head Constables prepared in 1992 for sending them to training in the various parts of the State is held to be illegal and will not be operated upon. (iv) Only those Head Constables who have passed the initial test contemplated by 2(c) by the respective Zonal officers viz., Deputy Inspector General in accordance with the provisions of 2(c) except the requirements of a common question paper for all the Head Constables in the State, to be treated as qualified for being sent for training and to the extent of vacancies for them, should be sent for training for regular appointments after training according to rule 11(3) and 15. (v) Inclusion in any lists other than the one mentioned in Para 4 will not confer or continue as OS SIs otherwise than in accordance with law or as mentioned in this judgment. (vi) No Head Constable working as O/S SI will be replaced by another temporarily appointed Head Constable as O/S SI. For effecting reversion of O/S SIs for want of vacancies due to regular candidates being appointed or other valid grounds, the reversion of O/S SIs will be in reverse order of seniority of Head Constables (in District-wise seniority) among those who are already working as O/S SIs by the date of the interim order viz., 9-2-93 which is adopted by the Director General of Police in his Memo Dt.25-2-1993. The Government will immediately take steps for making regular appointments to the post of Sub-Inspector of Police in accordance with the rules both by direct recruitment and by promotion. This should be initiated within three months from the date of receipt of this order. Any Head Constable, who is continued as O/S SI because of any interim order of the High Court and contrary to the conclusions in this Judgment will be continued till appropriate orders by the Court”. It is stated that pursuant to the said order of the Tribunal, as clarified by the instructions issued by the Director General and Inspector General of Police, in Memo No.1502/E2/90, dated 18.08.1995, the petitioner has been reverted, holding that he was promoted as Sub-Inspector purely on temporary basis, out of seniority, and it does not confer any right on him to continue as Sub-inspector. Questioning the said Memo dated 18-08-1995, the petitioner has filed W.P.No.30838 of 1997 on the file of this Court, and it is stated that this Court dismissed the said writ petition by an order dated 11-08-1999. O.A.No.6920 of 1997 filed by the petitioner before the Tribunal, was also dismissed by an order dated 17-12-1999. As the writ petition filed by the petitioner was already dismissed, and the said order has attained finality, we are of the opinion that he is not entitled for any relief in this writ petition. However, the learned counsel appearing for the petitioner has submitted that though the orders of the Tribunal in O.A.No.5800 of 1992 and batch, dated 19-04-1994, were confirmed by the Hon’ble Supreme Court, the authorities have not implemented the directions of the Tribunal, and therefore, some others have filed O.A.Nos.505, 5733 and 7111 of 1995, which were dismissed by the Tribunal. Against the said orders of the Tribunal, the petitioners therein have approached the Supreme Court by filing Special Leave petitions, and the same were allowed, with a direction that if reversions are to be made, direction Nos.4 and 6 issued by the Tribunal in O.A.No.5800 of 1992 and batch, are to be followed. Pursuant to the said orders passed by the Supreme Court, the Government has issued orders in G.O.Ms.No.301 dated 05.08.1996, to act in accordance with the directions issued by the Tribunal in O.A.No.5800 of 1992 and batch. The learned Government Pleader for Services-II submitted that insofar as the petitioner is concerned, he was selected and promoted on out of seniority basis and occupying the quota of the direct recruitees. In view of the delay in making direct recruitments, the vacant posts are being filled temporarily with the promotees, and therefore, as and when the direct recruitees are appointed, there is no alternative except to revert all the Sub-inspectors, who were promoted on out-of-seniority basis. It is stated that in the instant case, it was done in accordance with direction No.6 issued by the Tribunal in O.A.No.5800 of 1992 and batch, and therefore, the Tribunal has not committed any error or illegality while passing the impugned orders. We are also of the opinion that the orders of the Government in G.O.Ms.No.301, dated 05.08.1996, have no application to the case of the petitioner, as there is no error committed by the authorities in reverting him, and the same was done as per the directions issued by the Tribunal in its orders in O.A.No.5800 of 1992 and batch, dated 19- 04-1994. The writ petition is, accordingly, dismissed. There shall be no order as to costs. ___________________ V. ESWARAIAH,J Dated 13th July, 2009 ____________________ P.SWAROOP REDDY,J vrn