IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25714 of 2008 Between: 1 M.Chandrashekhar S/o.late Venkata Chary Vanasthalipuram, Hyderabad. 2 P.Radhakishan Rao S/o.Ramgopal Rao Special Operation Team, Cyberabad. ..... PETITIONERS AND 1 The Government of A.P. rep. by its Principal Secretary, Home (Ser.II) Department, Secretariat, Hyderabad. 2 The Director General of Police, Andhra Pradesh, Hyderabad. 3 The Deputy Inspector General of Police, Hyderabad Range, Hyderabad. 4 G.K.Nageshwar Rao (G.Nagabushan Rao), Sattupally, Khammam District. 5 L.Sathish Kumar SB Hyderabad City. 6 K.G.Shekhar Cherry, SB Hyderabad City. 7 I.T.V.S. Suranarayana S/o.Venkanna CCS, Hyderabad. 8 Y.Uday Kumar S/o.,Prabhakar SHO Traffic, Meerchowk, Hyderabad. 9 V.Sridhar LB Nagar, Cyberabad. 10 A.S.Mahamood Ismail S/o.A.S.Mahaboob Saheb Task Force, Hyderabad City. 11 G.Ramanjaneyulu Gandhi nagar P.S. Hyderabad. 12 D.Sidda Reddy S/o.D.Reddappa Reddy Vigilance Transco, Hyderabad. 13 A.Srinivasa Reddy S/o.late Balarami Reddy Task Force East Zone, Hyderabad. 14 C.Rajeshwar Reddy Musheerabad, Hyderabad City. 15 S.Sai Krishna S/o.A.P. Sastry SB City, Hyderabad in Kosavo on U.N. mission. 16 K.Chakrapani Bahadurpura P.S. Hyderabad. 17 M.Srinivas SB North Zone, Hyderabad. 18 T.C.Shekhar Reddy Vigilance & Enforcement, Hyderabad. 19 Y.Tulasiram Prasad S/o.late Ramana Rao Market Police Station, Hyderabad. City. 20 K.J.Soma Shekar S/o.K.Raghavulu Chetty Amberpet P.S. Hyderabad. 21 A.Prabhakar S/o.K.Raghavulu Chetty Mahankali P.S. Hyderabad. 22 D.C.H.Hussain S/o.K.Raghavulu Chetty Kulsumpura, Hyderabad City. 23 A.V.Sreenivasu S/o.K.Raghavulu Chetty Traffic P.S. Saifabad, Hyderabad. 24 S.Sarath Kumar S/o.late S.Narasimha Reddy CCS, DD, Hyderabad. 25 B.Gopal S/o.B.Venkateshwarlu Ramgopalpet, Hyderabad. 26 P.Ranga Naidu C/o. DIG Kurnool Range 27 S.Raja Shekhar Railways, Secunderabad, Hyderabad. 28 N.Sudhakar Reddy, Chikkadpally P.S. Hyderabad. 29 G.Ganga Raju C/o. DIG Office, Hyderabad Range. 30 K.Jagannatha Reddy S/o.late Bhoopathi Reddy Kachiguda, Hyderabad. 31 M.Narayana, CCS, Hyderabad City. 32 D.Sivaramakrishna (PMS) SB, Hyderabad. 33 B.Venkata Ramana, (B.Venkata ratnam), Hyderabad City. 34 T.Shivaji S/o.T.Narasimha Rao Police Control Room, Hyderabad. 35 K.Shivaram Prasad Nimboliadda Traffic P.S. Hyderabad. 36 C.H.Surender Mohan Rao Intelligence, Eluru, E.G. District. 37 V.James Divakar S/o.Raja Ratnam Hyderabad. 38 A.Balakrishna SB West Zone, Hyderabad City. 39 K.C.Prasad Immigration, Shamshabad Airport, R.R. District. 40 G.Anjaneyulu Traffic P.S. Asif Nagar, Hyderabad. 41 A.Ramanjaneyulu O/o. DIG Hyderabad Range, Hyderabad. 42 K.Surendran Main PCR Hyderabad City. 43 P.R.Kosalram SB, West Zone, Hyderabad City. 44 K.T.Chandra Sekhar, Godavari Khani, Karimnagar District. 45 Naga Durga Rao C/o. DIG Hyderabad Range, Hyderabad. 46 S.K.Venkateshwar Rao (S.R. Venkateshwara Naik) Lalaguda P.S. Hyderabad. 47 P.Chalamaiah Bollaram P.S. Hyderabad. 48 G.Narasaiah Shalibanda P.S. Hyderabad. 49 G.Venu Gopal S/o.G.Venkata Swamy PCS, Hyderabad. 50 K.Jayaramaiah SB, Hyderabad. 51 V.Prakash Rao SB, Hyderabad City. 52 K.Anil Kumar S/o.late Yogeshwar Rao V&E, Hyderabad. 53 P.Manohar Rao PCR, Hyderabad City. 54 S.Laxmi Narayana Intelligence, Hyderabad. .....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 Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in not implementing the G.O.Ms.No.160 dated 07.07.2007 issued by the 1st respondent and seeking to promote the respondents-4 to 54 as DSPs in Zone-VI contrary to the Presidential Order as illegal, arbitrary and unconstitutional and set aside the order dated 24.10.2008 in only ordering notice in O.A.No.8229/2008 by the Hon'ble A.P. Administrative Tribunal, and consequently direct the respondents-1 to 3 not to accord promotions to the unofficial respondents as DSPs in Zone-VI, pending disposal of the O.A.No.8229 of 2008 in the interest of justice and pass such other order or orders. Counsel for the Petitioner:MR.M.RATNA REDDY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No : 25714 of 2008 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed,J) In this writ petition, the petitioners seek a Writ of Mandamus declaring the action of the official respondents in not implementing G.O. Ms. No.160, dated 7.7.2007 and in seeking to promote the respondents 4 to 54 as Deputy Superintendents of Police in Zone-IV contrary to the Presidential Order as illegal, arbitrary and unconstitutional and to set aside the order dated 24.10.2008 of the A.P. Administrative Tribunal, Hyderabad O.A. No. 8229 of 2008. They also sought for a consequential direction to the respondents 1 to 3 not to accord any promotions to the unofficial respondents as Deputy Superintendents of Police in Zone VI, pending disposal of O.A. No.8229 of 2008. The facts in brief are that the petitioners herein are working as Inspectors of Police. According to the petitioners, on the basis of a representation made by the President, Telangana Non-Gazetted Oficers’ Union alleging that allotments of personnel have been made in violation of the Presidential Order contained in G.O. Ms. No. 674 (SPF-A) Department, dated 20.10.1975, the Government issued G.O. Ms. No. 610, dated 30.12.1985 with certain guidelines to repatriate the non-locals to their respective zone by creating supernumerary posts. The Government having found that certain non-local Sub-Inspectors pertaining to 1985 batch were working in excess in Zone VI, has issued G.O. Ms. No. 160, dated 7.7.2007, repatriating them to their native zones as per the list appended to the said G.O. Assailing the said Governmental Order, certain affected persons filed O.A No. 3893 of 2007 before the Tribunal and obtained stay orders. It appears, pursuant to the interim order of stay passed by the Tribunal, a provisional seniority list has also been issued by the 3rd respondent on 13.9.2008 in respect of Sub-Inspectors pertaining to 1985 batch and the petitioners feeling aggrieved by the said seniority list, submitted their objections and the same were stated to have been rejected. Further, the petitioners having come to know of the order passed in O.A. No. 3893 of 2007, filed an application being M.A. No. 2660 of 2008 seeking to implead them as parties to the said O.A. Besides this, they also filed a vacate application being VMA No.881 of 2008 in the said O.A. seeking to vacate the stay orders. The grievance of the petitioners is that the Tribunal has not passed any orders on their vacate stay application and kept the matter pending. Hence, the petitioners along with some other applicants filed O.A. No. 8229 of 2008 before the Tribunal assailing the inaction of the respondents in not implementing the G.O. Ms. No. 160, dated 7.7.2007 and in not repatriating the 52 non-zonal candidates to their respective zones as illegal, arbitrary and contrary to the Presidential Order. They also sought for a consequential direction to implement the G.O. Ms. No. 160, dated 7.7.2007 by setting aside the memo No. 739/E-1/202/HR/2007-08, dated 13.9.2008. However, the Tribunal did not pass any orders on the said O.A, and on the other hand, it only issued notice to the respondents. Feeling aggrieved, the petitioners filed the present writ petition. Sri M. Ratna Reddy, learned counsel for the petitioners vehemently contends that the unofficial respondents filed O.A. No. 3893 of 2007 before the Tribunal without even making them as parties to the said O.A and obtained interim order and by virtue of the interim order, their promotional avenues are being affected. He would further contend that the continuance of the unofficial respondents in Zone VI is contrary to the Presidential Order. He, therefore, submits that the writ petition deserves to be allowed. Admittedly, by the impugned order, the Tribunal only ordered notice on the main O.A. and it did not pass any adverse orders affecting the interests of the petitioners. However, in view of the fact that O.A. No. 3893 of 2007 relating to the very same issue is also pending on the file of the Tribunal and in view of the fact that the petitioners also filed a vacate application in VMA No. 881 of 2008 in the said O.A., seeking vacation of the interim order, it would be suffice if a direction is issued to the Tribunal to dispose of both the O.As. within a period of three weeks after filing of counter by the 1st respondent. . Accordingly, there shall be a direction to the 1st respondent to file counter in both the O.As., within a period of one week from today and on such counter being filed by the 1st respondent, the Tribunal shall club and dispose of O.A. No. 8229 of 2008 along with V.M.A. No. 881 of 2008 and O.A. No. 3893 of 2007, within a period of three weeks thereafter. It is however made clear that if any promotions are made pending the disposal of the aforementioned O.As, the same would be subject to the result of the O.As. The writ petition is accordingly disposed of with the above directions. No costs. _______________________ GHULAM MOHAMMED,J DATE: 25th November, 2008 ________________________ B. SESHASAYANA REDDY,J Note: 1. Furnish c.c. in two days. 2. A copy of this order be sent to the Registrar, A.P. Administrative Tribunal, Hyderabad. B/o pnb