Writ Petition No. 524 of 2022 · Honourable High Court · 2025

Order

s .C.No.. 171lA112019(D.O No. 145t201g) dated 30/03/2019 as ittegat arbitrary'and unconstitutiona I and accordingly set aside same with a consequentidl direction to respondents to consider the claim of the petitioner for reyersion from the category to HC to PC in view of the law laid down by the Honourable High Court in W.P No. 37146 ot 2013 and 39280 of 2013 and orders issued in favor of similarly Situatgd persons vide orders C.No. 1711A112019(D.O.No. 145t2019) dated 30/03/2019 in the interest of Justice lA NO: 1 OF 2021,t. Petition undet the affidavit filed n suspend the inPu 1111012021 with a PETITIONER for r=t down by the Hon,lrlr and orders issu 3l 171tA112019(D O.t't( petition _riection 151 CPC praying that in the circumstances stated in ,;upport of the petition, the High Court nray be pleased to l^ed orders issued vide Memo.C.No.'1-'11\212021 daled lirection to respondeqts to consider -her claim of the lrsion from the category to HC to PC in v ev' of the law laid rble High Court in W.P No. 37146 of 20111 rrnrl 39280 of 201i 'r favor of similarly situated persons r, idt'r orders C.Np, 14512019) dated 30i03/2019 pending disprrsal of the wril Counsel for the Pet tioner: SRl. AJAY KUMAR NERELLA Counsel for the Res oondentsl AGP FOR HOME The Coqrt made the lfollowing; ORDER 7 ORDER: HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.524 oF 2022

Heard Sri Ajay Kumar Nerella, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Home, appearing on behalf of the respondents.

2. The oetitioner aooroach the Court seeki q Draver asu der: "....to issue an order or direction more particularly one in the nature of Writ of MANDAMUS by declaring the impugned Memorandum issued by the 4th respondent wherein rejected the claim of the petitioner for reversion from the rank of Head Constable to Police Constable vide Memo C.No.77l/A2/2021, dated 11.10.2021 even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of Head Constable to Police their request vide orders Constable on C.No.Ul/A1,/2079 (D.O.No.1a5l2A79), dated 30.03.2019 as illegal, arbitrary and unconstitutional and accordingly set aside the same with a consequential direction to respondents to consider the claim of the petitioner for reversion from the category to HC to PC in view of the law laid down by the Hon'ble High Court in W.P. No.37146 of 2013 and 39280 of 2013 and orders issued in favor of similarly situated 2 SN,J \\'.').\o 524 2022 -r pers()nr vide orders C.No.171lA1/2019 (D.O. No.14li ;1019) dated 30.03.2019 in the inter:st of justir:e :'rd to pass such other order or orders its this Hon'l e Court may deem fit and proper i'-r the circunrs .ance of the case."

3. The r:,a ;,:: of the petitioner, in brief, as per t he tverments made by .tre oetitioner in the affidavit filed bv the pe:titioner in support of t r(,: present writ petition is that the ,(:til ioner had been app()in' s:d as Police Constable in the year 20lil ernd posted to the 1.'th 'lattalion, Rajanna Siricilla District. Ar; per the Telangane 13 .rte Police Rules Category 7 (b), thr: pCtitioner is eligible fo' r: ),-lversion from TS Special Police to Artne d Reserve (AR) Corsti Subseq ue 1tl hles after completion of 10 years of service. ' the petitioner had been promoted to tlre post of Head Cor st; trle in the year 2O2l but later sought voluntary reversion to However, tl he post of Constable due to personal rardships. t request oF the petitioner for reversion was rejected by the 4th respondent vide the impugrred order C. No. 1 717 A2 /;1021, dated 11.10.202.1,, without assi,gn ng proper reasons erd ,nerely citing administrative grounds though the similarly s i .L rrted persons belonging to the same Birttalion were allowed fcr No.145/20 t! 'eversion vide order C.No. 171/Al/'2(t79 (D.O. I dated 30.03.2019. Aggrieved ttt the said J SN,J W.P.No 524 2022 rejection order, the petitioner had approached this Court by filing the present writ petition. 4, PERU D THE RECORD: (A) The releva nt oortion of the im uoned C.No.17 1/A212O2L. dated 11.10. 2O2l of ndent No.4 addressed to the oetitioner heretn rs extracted hereunder: "Vide reference 1.t & 3'd cited above, the following (02) HCs of this unit have submitted their representations requesting to revert them as pcs on the grounds that they are suffering with personal problems/family problems/conversion to A. R. Name Sri st. Ranke G. No. & coy. No. 1 2 K. Srinivas B. Krish naia h HC 1130 HC 1O7B C B In this regard instructions have been received from the ADGP, TSSP Bns Hyderabad, vide reference 2"d cited above that the applications of HCs to revert them as PCs have to be rejected on administrative grounds. Accordingly, the representations of above (O2) HCs of this unit are rejected herewith on administrative g.rounds. OsC B & C of this unit are instructed to service this memo to the above individual and send the dated acknowledgement copies to this unit for record purpose. all OsC of this unit are hereby instructed to don,5 forward the reversion representations of HCs as pcs to this office. All should acknowledge the receipt of this Memo. 4 SN,J U .l'.Nr 524 2022 Sd/-xxx C.o m rrandant ! ' rTth BN (IR) TSSP, Rajanra l;irciplla. To The a:r,,,: individuals through OC'HQ'Coy. (B) l leva nt nofthes r'l situate oersons o-f(rer vide C.No.171lA2l2O19, Dated 39 .03.2019 of the resjl( ndent No.4 is extracted hereunder: "Th e repr3;€ in clr c ir they,v refe -ern Hearl C l rllowing Head Constables have srrbmitted -tations to revert them as PCs on serrera ground : they have to go to AR vide reference l' ci-ed, and '{l promoted as Head Constable on 02.04.21.)15 vide ; : 3'd clted and their service were regr..rla -ized as ;rstable and brought'8' list vide referen<:e 4t' clted. Thev ar : sl. No. 1 i Ranke & l:, No. r3*169 2 3 4 !c - 485 'tc - 344 Name Reasons M. Mahesh N. Kama lakar E. Anil Kumar P. Santhosh rnclu d in g Several qrourds rncltrdtng convers on to /\R Several grour ds convers on to I'R Several qrour ds conversron to l\R Several grour ds ncluding converSron to liQ. inclu ding / r: such, the above Head Constabl€ s is still protrz'ti )rers and they,can be reverted as Police Cc)nstables as [)er their willingness and as per the guidelines of H.O. vide rr lerence 2nd cited and the committee report vide refe rrT rr.: 2"d cited. . - view of the above circumstances, thr: ab:ve HCs are re,t,-ted in their substantive post of Police constables with irr -'ediate effect. (lom na nda nt 17th BN(IR) TSSP, Rajannir Srrcilla ) SN,J W.P.No 524 2022 (c) The releva nt oortion of the common order of the Division Bench of thas Court daterd 24.O3.2OL4 Dassed in W.P Nos.37146 of 20 13 and 392 aO of 2O13 in Darticular Dara No.7 is extracted hereunder: "7. Learned counsel for the first respondent in the Writ Petitions/a pplica nts relied on a decision in G.Boyanna's case (1 supra) wherein it is held thus: (para 7) "It is relevant to note at this point that the petitioner was not promoted to the post of Junior Assistant but was appointed by transfer. In fact, he could not have been so promoted, as the post of Process Server is not in the feeder category for promotion to the post of Junior Assistant. In this view of the matter, it is doubtful whether the act of the petitioner in seeking reversion from the post of Junior Assistant can be said to be one of relinquishment of his right to be considered for promotion. However, this is how the respondents have treated the matter and the petitioner also abided by it. Therefore, for the purpose of this case, it shall be presumed that the petitioner relinquished his right for promotion when he sought reversion to the post of Process Server. " The above decision has no application to the facts of the present case. But, on the ground of discrimination, the Writ Petitions are liable to be dismissed. It is not in disDute before. this Court that as per proceedinqs dated 21. 10.2005, some of the Head Constables were reverted and Dosted to r Police Constables in the rmed Rese their resoective Units. There re therd should not be an disc rimination from one Derson to a nother Derson. Hence the impugned order needs no interference by this Court. However, the cases of applicants have to be considered if they fit into 40olo quota. Therefore, we make it clear that after reversion , the aoolicants cannot immediatelv sent to he District Arme Reserve trut th ir cases have to be considered for Dostino to Distrtct Armed I 6 SN.J \\ P No 524 2022 BcaqrJ s if thev come within the 4oolo ouota mqarllor Polic,: lonstables of APSP." DISCUSS]O N AND CON CLUSION

5. It is re specific case of the petitioner tnat petitioner's request 1cr r:)version from the rank of Head Constat)le to Police Constabl: \ /as rejected by Respondent No.4 virlr: grroceedings dated 11.11 2021, even though the respondent artlrorities had considere(l rnd accepted similar requests for reversicrn from the rank of l-lt:z :l Constable to Police Constable to sirnila -ly situated individuals;, ,ride order dated 30.03.2019 in C.No. l-,'7/A1/2019 (D.No.145i :i19), as well as to the petitioners, who had approacl-ed lhis Court by filing W.P. Nos. 37746 ot'2013 and 39280 o1' .Z )1.3. However, in the present case, tf e petitioner's request fcr -i:lversion from the post of Head Constable to Police Constablr: r' irs rejected, with a mere intimation r;t,lti11g that the request r:or I not be considered on administratiur: c. rounds, as per the rs ructions issued by the Head Office to l:lespondent No.4

6. Leu rn r:: counsel appearing on behalf of the petitioner places relia :e on the Common Order of the Divi:;io r Bench of this Court dtted 24.03.2014 passed in W.p. Nos.321,46 of 2013 and 392[i() :,t' 2013, and contends that the petitic nerr herein is ,/ - 7 SN,J W.P.No 524 2022 also entitled for the similar relief as extended to the petitioners in the present writ petition, in the light of the observations made by the Division Bench of this Court.

7. Learned Assistant Government pleader appearing on behalf of the respondents does not clispute the passing of orders under simitar circumstances in W.P.No.366O9 ot 2024 and batch dated 28.O2.2025. Learned Assistant Government pleader for Home, placing

8. reliance on the counter afFidavit filed on behalf of . respondents, in particular, paragraph No.B contends that the petitioner was appointed as police Constable in February, 2018 and completed only three years of service. For reversion to Police Constable (AR) (Men), a minimum of 10 years ot service is required and the petitioner, in his representation submitted to the respondent office, requested reversion due to family and personal problems, and the petitioner had not mentioned that he was seeking reversion for Armed Reserved conversion. Therefore; the petitioner is not entiUed for t[e relief as prayed for in the present writ petition. But however since the said ss ted n a o o ref u the I e 4th -10- 2O2L and the said Impugned proceedings only indicate t d n a 8 SN,J \\'.1'.N c 524 2022 adminislr; ti! . grounds this Court opines that the s;rme rs an afterthou(lht rteveloped to improve the case of th(: -er;pondents' and therefr>r r. the said pleas cannot be taken into (lorrsideration by this f 6 1 r i'6r adjudication of the present case' 9. A tra re perusal of the record indicertes that Respondern I No.4 reiected the petitioner' reqtlest without assiqning--!ny-_sl2egilris-Ea-s9!gmerelystatingthatthe request of the petitioner from Head Constable to Police Constabl,-" could not be considered due to Head Office instructior s issued by the Respondent No'4 e! adminis!6rtile-SIgCldE-though the similar relief had been extenderl to similarly situated persons, v\rh') made a request f'rr reversion from Head Constable to Police constable as per the Common Order of the Division Bench of this ( ourt and the observations made: thereunder dated l2'4. )3.2014 passed in W'P'Nos'g7t46 of 2013 and 39820 of 2o13 and similar such relief admittedty had even bere r extended to the petitioners in W'lP'No'36609 of 2O?-4 and batch, vide orders of this Court dated 28,02.20ls. the recluest of the 10. Thel tfore, this Court opines that Hea I Sonstable to the rank of petitior €rr For reversion from Police (-rtr r;l-able has to be reconsidered by the 4 r' tespondent in I SN,J W.P.No 524 2022 accordance to law duly taking into consideration the observations of the Common Order of the Division Bench of this Court dated 24.03.2014 passed in W.P. Nos.37146 oF 2013 and 39280 of 2013 (referred to and extracted above) within a reasonable period by the 4th respondent herein.

11. TAKING INTO CO NSIDERATION: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Home appearing on behalf of the respondents, c) The fact that similar relief had been extended to the similarly situated individuals, who made a request for reversion frorir Head Constable to Police Constable by the respondent No.4 vide orders dated 3O.O3.2O19 and, d) ' The observations made in the Commori Order'ofl the Division Bench of this court dated 24.o3.20L4 passed in W.P.No.37l46 oI 2O13 and 3982O of 20L3, 10 SN,J W.P.I o 524 2022 'Ih r order dated 2a.O2.2O25 passed in e) l^/',"I l, No.36609 0l 2024 and batch. f) I"he fact as borne on record that the impugned me mo vide c.No.17L/A2l2O2L, dated 1:1..1O.2O21 o1' the respondent No.4 addressed to the pr:l itioner is bereft of reasons. Ther rvrit petition is allowed. The iimpugned Memorandrrm rzr-de Memo C.No. t7L/A2/202'.1, dated 11.10.20,11 issued by the respondent No.4 is set aside. The respcrn dents are directed to reconsider the request of the petilti( ner for reversion from the ran k of Head :n Police Constable in accordance to law duly Constabl€r taking into consideration the observations of the Division Bench orr tlris Court dated 24-3-2OL4 passed in W.P. Nos. 37L46 of : O13 and 3982O of 2013 and also the fact as borne orr r :cord that similar relief had been extended to similarly s tuated persons vide proceedings of the 4t! responden C.No.171,/A2/2OL9 dated 30'O3.2019 (referred I c and extracted above) and pass appropriate ..,1 reasonerl s peaking orders within a period of four weeks from thc! d rte of receipt of the copy of the orcler and duly - -l I SN,J W.P.No 524 2022 communicate the decision to the petitioner. There shalt be no order as to costs, Miscellaneous applications, if any, pending shall stand closed. To, //TRUE COPY// SD/-V. KAVITHA DEPUTY -]EffISTNA* SECTION OFFICER

1. The Principal Secretary, Home Department, Telangana Secretariat, Hyderabad.

2. The Director General of Police, State of Telangana, Lakidikapul, Hyderabad. 3. The Additional Director General of Police, TSSP Battalions, Shouryabhavan, Jubliee hills, Gayatrihills, Hyderabad.

4. The Commandant, 17th Battalion, TSSP, Rajanna Siricilla District. 5 One CC to SRI AJAY KUMAR NERELLA Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies KKS BS ,,/ HIGH COURI DATED:02105t2025 CC TODAY ORDER WP.No.S24 crl 2022 ( q ) o <{':n r\ Cr 1tl irjl +.-..;*, ?z e ]J) 4 2$?5 t() r( --.,, ALLOWING 'TI{E WRIT PETITION WITHOUT CO STS ,/o 4z to //