B. Ramesh v. The State of Telangana

Petition under Section 151 CpC praying that in the in the affidavit filed in suoport of the petition, the High Oc_ suspend the impugned orders issued vide Re.No.A1_Rr; I dated 2,1,08-2021 with a direction to respondents to cons petitroners for reversion from the category to HC to pC ir down by the Hon'ble High Court in W.p No. 37146 of 20-: and orders issued in favor of simrlarly situated I r Rc.No A'1 i 1 6/PPI I 2O1 B-ZO(D O.No.266/2020) dated 1 8.02 2 ( of the writ petition. ;rrcumstances stated 1 may be pleased to o.At. -Esllt1237 12021 der the claim of the view of the law lard and 39280 of 2013 rsons viiJe orders 20 pe ndirrg d isposal Counsel for the Petitioner: SRI M.AMARNATH Counsel for the Respondents: AGp FOR HOME The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WR T PETITIoN No.2 s47 0F 2 o22 ORDER: Heard Sri M. Amarnath, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pteader for Home, appearing on behalf of the respondents. 2 The DEtitioner a DDroac hed the Cou rt s ekinq oraver as under: "....to issue an order or direction more particularly one in the nature of Writ of MANDAMT'JS by declaring the impugned Memorandunt 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 Al- Eslt/7237/2021 dated 24.O8.202L, even though the respondent authorities were considered the claim of similarty situated persons for reversion from the rank of H.C. to P.C. on their request orders vide Rc' No Al/ L6/PPTl2OtB-20, (D.O. No. 266/2020), 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.37146 of 2013 and 39280 of 2013 and orders isstted in favor of similarly situated persons vide orders Rc.No' A1l lq PPf/2O|B-2O, d€ Ii 2 SN,J \ '.P.No_2547 2022 (D.O.No.26612020) dated 18.02.2020 in th( interest of justice and to pass such other order or or1 ers as this Hon'ble Court may deem fit and prc; er in the circu m sta nce of the case. "

3. The case of the petitioner, in brief, is th;r the petitioner has been appointed as Police Constable on () ..03.2018 and posted to the Btr' Battalion, TSSp), K.ondapur, F. R. District. As per the Telangana State police Rules cate(l )ry 7(b), the petltioners are eligible for conversion from TS Ii recial police to Armed Reserve (AR) Constables after completiorr of 10 years of service. Subsequently, the petitioner has been gr omoted to the post of Head Constable in the year 2O2l bt: later sought voluntary reversion to the post of Constable cle to personal hardships. However, the request of the petition,: for reversion was rejected by the 3'd respondent vide the ir rpugned order Rc.No.A1-Estt/7237/2021, dated 24.08.2021, w t rout assigning proper reasons and merely citing administrative ,l .ounds though the similarly situated persons belong to the s rme Battalion were allowed for reversion yrde order datec 30.03.2019. Aggrieved by the said rejection order, the p,: itioners have approached this Court by filing the present writ p3 ition. I I l , 3 SN.J W.P.No 2547 2022

4. PERUSED THE RECORD (A) The imouqned Droce din s vide R o c.No.A1- Estt/ t237 / 20 1 dated 24.OA.2OZL issued bv the Commandant, 8th BN TSSP, Kondaour, .R- District is extracted he reu nder MEMO Sub:- 8th Bn TSSP - Representation of (03) HCs 2505, 2617 and 2633 of 'E' Coy requesting to revert them as PCs - Instructions - issued - Reg. Ref:- 1) Memo Rc.No.g63/A312021, dated 22.07.2O2I of ADGP, TSSP Bns., Hyd., 2) Representations dt : Nil of HCs 2505,2617 and dt : 31.07.2021 of HC 2633 of "E" coy received through Lr.C.No.01/Reversion to PCIEl202I, dt : 17.08.2021 of OC "8" Coy of this unit. With reference to the letter 2nd cited, the following HCs of this unit have submitted their applications requesting to revert them as PCs due to their family/personal problems. 1 2 3 iN. Sathish Reddy,2505 i K. Shashank Reddy, HC 2617 iB. Ramesh, HC 2633 f r r S S S In this regard, the applications of the above (03) HCs requesting to revert them as PCs are hereby considered and rejected on administrative grounds, as per reference 1't cited. Acknowledge the receipt of this memo. Sd/-xxx Commandant, e" BN rsiP Kondapur, R.R. District To The above individuals. 4 SN,J t lP.No 2547 2022 (B) The relevant oortion of the Divisic,r rBench order

24.O3.20 4 oassed in W.P.N os.3714 of 2013 and ( 3928 O of 2013 is extrac ted hereu n der: \ "The above decision has no application , present case. But, on the ground of discrinri Petitioners are liable to be dismissed. It is not this Court that as per proceedings dated 21. L the Head Constables were reverted and pc: Police Constables in the District Armed I respective Units. Therefore, there shorrl: discrimination from one person to another por impugned order needs no interference by this the cases of applicants have to be consjderrrr 4Oolo quota. Therefore, we make it clear tha: the applicants cannot be immediately sent to tf Reserve but their cases have to be consider: District Armed Reserve if they come within meant for Police Constables of ApSp. the facts of the ration, the Writ r dispute before ).2005, some of :ed to work as lserve in their not be any ion. Hence, the lourt. However, if they f.it into after reversion, : District Armed , for posting to .he 40olo quota With the above observations, the W r t petitions are dismissed. No costs. Ir4iscellaneous petitions pe rding. if any, in the Writ Peitition shall stand closed.,, In view of the aforesaid observations of th: division bench Judgment of this Court, this Court opines that petitio" lr herein is also entitled for consideration of petitioner's request for re,ersion from the rank of Head Constable to police Constable and the ame cannot be rejected unilaterally when the said relief had been ex.ended to other sim ila rly srtuated individuals. DISC SSION A D CON CLUSION:

5. The learned counsel appearing on behalf of the petitioner submits that the subject issue in the present \/p. is Squarely covered by the order of this Court dated 02.05.2 )25 passed in 5 SN,J W.P.No 2547 2022 W.P. No. 448 of 2022 which duly referred to the Division Bench -Judgment of this Court passed in W.p. No. 37146 of 2013 and 29280 of 2013 on the subject issue and contended that, the petitioner herein is also entitled for the similar relief as granted to the petitioner in W.P. No. 448 of 2022.

6. The learned Assistant Government pleader for Home appearing on behalf of respondents does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioner. 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 could not be considered due to Head Office instructions issued by the Respondent No.4 on administrative grounds though the similar relief admittedly had been extended to similarly situated persons, who made 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 24.03.2014 passed in W.p.Nos.37L46 of 2073 and 39820 of 2013. It is also not in dispute by the respondents that similar such relief had even been extended to the 6 SN.J W.P No 2547 2022 petitioners in W.P.No.36609 of 2024 and batr: vide orders of this Court dated 28.02.2025 B. Therefore, this Court opines that the request of the petitioner for reversion from the rank of H€ri d Constable to Police Constable has to be re-considered in a.lordance to law duly taking into consideration the observatiorl:i in the Common Order of the Drvision Bench Judgment of 'l is Court dated 24.03.2014 passed in W.P. Nos.37146 of 20 '. i and 39280 of 2013 wittr n a reasonable period rarithout refere t ce 1.o impugned order dated 7'/.08.2021 issued to the petitioner . 9 TAKING INTO CONSIDERATIO N: a) The aforesaid facts and circum; :ances of the case, b) The submissions made by the l,: irned counsel appearing on behalf of the petit oner and the learned Government Pleader for Flome appearing on behalf of the respondents, c) The fact that sirnilar relief had bet n extended to the similarly situated individuals, who made a request for reversion from Hearl Constable to Police Constable by the respon(l lnt No.4 vide orders d4ted 3O.O3.2O1 p and, 7 SN,J W .P.No 2547 2022 d) The observations made in the Common Order of the Division Bench of this Court dated 24.03.2014 passed in W.P.No.37t46 ol 2O13 and 3982O of 2(J13, The writ petition is allowed, The impugned Memo vide Rc.No.Al/Estt/1237 /2O2L dated 24.08.2O21 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 potice Constable in accordance to Law duly taking into consideration the observations in the Division Bench Judgment of this Court dated 24.O3.2OL4 passed in W.P.Nos.37146 of 2013 and 39820 of 2O13 (referred to and extracted above) and pass appropriate reasoned orders on the subject issue, within a period of .2, weeks from the date of receipt of the copy of the order and duly communicate the decision to the petationer. There shall be no order as to costs. Miscellaneous appl,cations, if any, pending shall stand closed \ //TRUE COPY// s D/- s g.tikr,ff [i_BT$'[tR "'^(>' SECTION OFFICER To, 1 2 The Principal Secretary, Home Department' Telangana Secretariat' Hyderabad. State of Telangana' The Director General of Police, State of Telangana' Lakidikapul' Hyderabad' TSSP Battalions, Shouryabhavan' The Additional Director General of Police' irOrinirrt, Gavatrihills, Hyderabad' a-'LDe- 4 5 6 The Commandant, Bth Battalion, TSSP, Kondapur, Ri r gareddy District One CC to SRI It4.AMARNATH Advocate [OPUC] Ti,vo CCs to GP FOR HOti/E, High Court for the itate of Telangana at Hyderabad [OUT] 7 Trvo CD Copies .--. BSR TKS HIGH COURT DATED: 0611012025 CC TODAY 1r I SI4 00 B) o o t ( * {. .:{' I ! ORDER WP.No.2547 of 2022 ALLOWING THE WRIT PETITION, WITHOUT COSTS (, 7 "6