The Apex Court in its Judqment in state of uttar Practesh anCl Others v. Aravinct KumAr, Srivastava and others, dated

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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 petitioners for reversion from the rank of HC to PC ,vide Rc.No.A1-Esfit123712O21 dated 17t08t2}21, even though the respondent I ,authorities were considered the claim of similarly situated persons fOr revercion from the rank of HC to PC on their request vide orders Rc.No.A1/16lPPTl2018-20 (D.O.No.266t2O2O) dated 18lO2t2O2O as illegal arbitrary and unconstitutional and accordingly set aside 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 Honourable High Court in W.P No. 37146 of 2013 and 39280 of _ "-1,..d :; i,l*.{t 2013 and orderc issued in favor of similarly situated persons vide orders Rc.No A1 I 1 6t PPT I 2O1 8-20 ( D. O. No. 266 I 2020) d ated 1 8 I 021 2020. . : 1 OF 2022 i Petition under Section 151 CPC praying that in the circumstances stated in the affidatit filed in support of the petition, the High Court may be pleased to suspend the impugned orders issued vide Re.No.A1-Rc.No.A1-EstU1237l2O21 dated 17t08t2}21 witl'r a direction to respondents to consider the claim of the petitioners for reversion from the category to HC to PC in view of the law laid down by the Honoirable Hieth Court in W.P No. 37146 ot 2013 and 39280 of 2013 and orders issued in favor of similarly situated persons vide orders Rc.No. A1l16lPPTl2018- 2g(D.O.No.266i2020) dated 1810212020 pending disposalof the writ petition. i i i Counsel for th,e Petitioner: SRI M.AMARNATH Counsel for th,e Respondents: AGP FOR HOME The Court macle the following: ORDER i I t, I I I , I t i I ! : i ! t, t t I

1. a t l., I l'. HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.2562 OF 2O22 ORDER: Heard sri M. Amarnath, learned counsel appearing on behatf of the petitioner and the learned Assistant Government Pleader for Home, appearing on behalf of the respondents.

2. The petitioner aDproached the Court seekinq Draver as under: ......to issue an order or direction more particularly one in the nature of writ of MANDAMIJS by declaring the impugned Memorandum issued by the 4th respondent wherein rejected the claim of the petitioners for reversion from the rank of H.C. to P.C. vide Rc'No'A1- Esttltl37/2021 dated L7.OB.2O2|, even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of H.C. to P.C. on their request vide orders Rc.No.Al 1L6/PPT/2018-20, D.O. No. 26612020, dated 18.02.2020 as illegal, arbitrary and unconstitutional and accordingly set aside the same with a consequential direction to respondents to consider the claim of the petitioners 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.37L46 of 2013 and 39280 of 2013 and orders issued in favor of similarly situated persons vide orders Rc.No. AU L6/ PPTIZOLB-ZO, 2 SN,J W.P.No 2562 2022 (D.O.No.26612020) dated 18.02.2020 in the interest of justice and to pass such other order or orders as this t{on'ble Court may deem fit and proper in the r:ircumstance of the case."

3. The case of the petitioner, in brief; is that the petitioner has been appointed as Police Constable on 18.10.2013 and posterl to the 1't Battalion, Hyderabad. As per the Telangana \ State Police Rules category 7(b), the petitioners are eligible for conversion from TS Special Police to Armed Reserve (AR) Constables after completion of 10 years of service. Subse:quently, the petitioner has been promoted to the post of Head Constables in the year 2021 but later sought voluntary rever:;ion to the post of Constable due to personal hardships. However, the request of the petitioner for reversion was rejected by the 3'd respondent vide the impugned order Rc.Nc.AllEstt/t237 12021, dated 17.08.2021, without assigning proper reasons and merely citing administrative grounds though the similarly situated persons belong to the same Battalion were allowed for reversion vide order dated 30.03.2019. Aggrir:ved by the said rejection order, the petitioner approached this Court by filing the present writ petition. J SN,J W.P.No 2562 2022

4. PERUSED THE RECORD (A) The mnuoned inos vide Rc. o-A1- Estt '1237 /2021 dated 17.08.2021 issued by the Commandant Sttr BN TSSP. Kondaour R.R. District is extracted hereunder: MEMO Sub:- Bth Bn TSSP - Representation of Sri E. Sathish , HC 28L7 of ..D,,,, coy requesting to reveft him as Police constable - Instructions - issued - Reg- Ref:- 1) Memo Rc.No.963l^3/2o2|, dated 22.o7.202L of ADGP, TSSP Bns., HYd., 2)Representationsdt.0T.0S.zoztofSriE.Sathish, Hc ZBLZ ieceived through Lr.C.No. O2l Drafted on /Un-wilUPC toHC/2O21,Dt:09.OB.2O21ofOC"D"Coyofthisunit' *** . With reference to the letter 2nd cited, Sri E. Sathish, HC 28L7 of ..D" Coy has submitted his application requesting to revert him as Police Constable due to his family problems' requestinq to Eirert himE ic is hereby- consider-ed and iot-frd] as per reference 1"t cited' Acknowledge the receipt of this memo' Sd/-xxx Commandant, 8s BN TSSP KondaPur, R.R. District To The above individuals

5. The learned counsel appearing on behalf of the petitaoner submits that the subject issue in the present W.P. is squarely \ 4 SN,J W.P.No 2562 2022 covered by the order of this Court dated 02.05.2025 passed in W.P. No. 448 of 2022, which referred to the Division Bench Judgrrrent of this Court passed in W.P. No. 37146 of 2013 and 29280 of 2013 on the subject issue and therefore, the petitioner herein is also entitled for the similar relibf as granted to the petitioner in W.P. No. 448 of 2022.

6. The learned Assistant Government Pleader for Home appearino on behalf of resoondents does not dispute the said submissions made bv the learned counsel aopearinq on U,enalf of tne oetit DISCT}SSION AND CONCLUSION:

7. A bare perusal of the record indicates that Respondent No.4 rejected the petitioners' request for reversion from HC to PC without assigning any specific reasons, merely stating that it cor-rld not be considered due to Head Office instructions issued by the Respondent No.4 on administrative grounds though the similar relief had been extended to similarly situated persons, who rnade a request for reversion from Head Constable to Police constable as per the Common Order of the Division Bench of this Court and the observations made thereunder dated

24.0=t.2ol4 passed in w.P.Nos.37t46 of 2013 and 39g20 of 2013 and similar such relief had been extended to the J 5 SN,J W.P.No 2562 2022 petitioners in W.P.No.36609 of 2024 and batch vide orders of this Court dated 28.02.2025 passed. 8, The Apex Court in its Judqment in state of uttar Practesh anCl Others Vs. Aravinct KumAr, Srivastava and others, dated 17.10.2014 in civil Appeal No.9849 of 2014 observed as under:. rticular *( 1) Normal rule is that when a emptoyees is given relief by the Court' all other identically situated oersons need to be treated alike by extendino that benefit. Not doing so would amount to discrimination and would be violative of Article 14 ()f the constitution of India. This princiDle needs to be apolied in service matters more emphatically as the service jurisprudence evolved bv this court from time to time postulates that all similarlv situated Dersons should be treated similarly. Therefore the normal rule would be that merely because other similarly situated persons did not approach the court earlier. they are not to be treated differently."

9. Therefore, in view of the observations of the Apex Court in the Judgment referred to and extracted above, this Court opines that the request of the petitioner for reversion from the rank of Head Constable to Police Constable has to be re- considered in accordance to law duly taking into consideration the observations of the Common Order of the Division Bench of this Court dated 24.O3.2014 passed in W.P. Nos.37t46 of 2013 l- 6 SN,J W.P.No 2562 2022 (- i i, I and :t9280 of 2013 and also the observations of the Apex Court in the Judgment referred to and extracted above, within a redsC,ooble period

10. Takinq into consideration: (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 Goverrnment 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 rr=version from Head Constable to Police Constable by the respondent No.4 vide orders dated 3O.O3.2019 and, (d) The observations made in the Common Order of the Division Bench of this Court dated 24.0,3.2014 passed in W.P.No.37146 of 2013 and 3982O ot 2OL3, (e) The observations in the Judgment of the Apex Coudl referred to and extracted above at para '8' of the pre*:nt Judgement, ; 7 SN,J W.P.No 2562 2022 The writ petition is allowed. The impugned Memo vide Rc.No.ALlEsttl t237 12Q]1 dated 17.08.2021 issued by the respondent No.4 is set aside. The respondents are directed to reconsider the request of the petitioner for reversion from the rank of Head Constable to Police constable, in accordance to law, duly taking into consideration the observations at paras 7, 8, 9 of the present Judgment, in conformity with the principles of naturat justice by providing an opportunity of personal t hearing to the petitioner and pass appropriate reasoned orders within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner herein. There shall be no order as to costs. Miscellaneous aPPlications, if Qtyr pgn qgf_ _sha l!_ n_t4d closed SD/. A.H.S. GOWRI SHANKAR ASSISTANT REG / //TRUE COPY// To, I

1. :The Principal Secretary, Home lHyderabad, State of Telangana. SECTION OFFICER Telangana Secretariat, I Z. ,me Director General of Police, State of Telangana, Lakidikapul, Hyderabad. 3. iThe Additional Director General of Police, TSSP Battalions, shouryabhavan, i Jublihills, Gayatrihills, Hyderabad.

4. iThe Commandant, 8th Battalion, TSSP, Kondapur, Rangareddy District' 5 One CC to SRI M.AMARNATH, Advocate [OPUC] Two CCs to GP FOR HOME, High court for the state of Telangana at Hyderabad [OUT] 6

7. {Two CD Copies t BSR l€r- GJP i i I It , , CC TODAY HIGH COIURT DATED: 06/1 012025 I ! :. -,." O RD ER WP No.25i62 of 2022 : a I t I I I Ii i a 3:. B ) 1 i rPfl 2026 .t:. !r) * ., .*f] LEOWING THE WRIT PETITION, WI COSTS ,{* .t, 10 t $ffi 1 )