D. Venkatesh v. 1. The State of Telangana

Petition Under Section 151 CPC praying that in the c I )umstances stated in the affidavit filed in support of the petition, the High Cor, r may be pleased to suspend the impugn orders issued vide Re.No.A1-Rc.No \1- EslU 123712021 dated 04-08-2021 with a direction to respondenls to con I ier the claim of the petitioners for reversion from the category to HC to PC in vit't'of the law laid down by the Hon'ble High Court in W.P No 37'146 of 2013 arc 39280 of 2013 and orders issued in favor of similarly situated persons urde orders Rc.No. A1l161PPI12018-20(D.O.No.26612020) dated 18.02.2020 p: rding disposal of the writ petition. Counsel for the Petitioner : SRI M.AMARNATH Counsel forthe Respondents: AGP FOR HOME The Court made the following ORDER ./ --f HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.2544 OF 2fJ22 ORDER Heard Sri M. Amarnath, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Home, appearing on behalf of the respondents.

2. The petitioner aoproached the Court seekinq praver as under: "....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 H.C to P.C v/de Rc.No.A1- Estt/1237/2021 dated 04.08.2021, even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of H.C to P.C. vide order Rc.No.A1l16/PPf/2078-20, (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 issued in favor of similarly situated persons vide orders Rc.No.A1l16/PPT/20LB'ZO, (D.O.No.26612020) dated 18.02.2020 in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case." 2 SN..I W,l'.No 2544_2022 - 3, The case of the petitioner, in brief, is hat the petitioner has been appointed as Police Constable cr 17.08.2005 and posted to the 1't Battalion, Hyderabad. As 1 er the Telangana State Police Rules category 7(b), the petitiott rrs are eligible for conversion from TS Special Police to Arrr Constables after completion of 10 y( :d Reserve (AR) 3 rs of service. Subsequently, the petitioner has been prom: .ed to the post of Head Constables in the year 2O2l but later sought voluntary reversion to the post of Constable due to 1r rrsonal h a rd sh ips. However, the request of the petitioner f rejected by the 3'd respondent vide the rr reversion was impugned order Rc.No.A1/Estt/ l23l /202L, dated 04.08.202 1, r,vithout assign ing proper reasons and merely citing administrat, e grounds though the similarly situated persons belong to tl e same Battalion were allowed for reversion vide order d rted 30.03.2019. Aggrieved by the said rejection order, the pe: -ioner approached this Court by filing the present writ petition. 4, PERUSED THE RECORD (A) The impuqned proce€dinqs ( l,r o4.o8.2021 vide Rc.No.Al-Estt/ L237 /ZOZL issr ed Commandant, 8th BN x racted hereunder: TSs P Ko nda Dur R.R. District is , --- J MEMO SN.J W.P.No 2544 2022 Sub:- Bth Bn TSSP - Representation of (03) HCs 939, 2629 and 2630 of HQ Coy requestinq to revert them as PCs - Instructions issued - Reg. Ref:- 1) Memo Rc No.9631A3/2O2L, dated 22 'O7 '2021 of ADGP, TSSP Bns., HYd., 2) Representation dt. 31 07.2021 of HCs 939, 2629 and 2S3O of HQ CoY received through Lr.C.No.03/HQ/Reversion/ 2O2l' Dt: 02.08 2021 of OC HQ Coy of this unit. With reference to the letter 2"d 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 Sri D. Venkatesh, HC 939 Sri Gopal Reddy, HC 2629 Sri K. Shekar, HC 2630 ln this req rd. the aoolications of the above (O3) HCs red n r PCs tve r in istr n re e Acknowledge the receipt of this memo. Sd/-xxx Commandant, stn BN TSSP Kondapur, R. R. District To The above individua ls

5. The learned counsel appearing on behalf of the petitioner submits that subject issue in the present W'P' is squarely 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 ludgment of thls Court dated 24.O3.20t4 passed in W P 4 SN..i W.l'-No 1544 l0ll No.37146 of 2013 and W.P. No. 39280 of 2(13 on the subject issue and therefore, the petitioner herein is ,r ;o entitled for the similar relief as granted to the petitioner ir W. P. No. 448 of 2022 6, The learned Assistant Government F leader for Home a ppea ri nq on behalf of resDondents doe s _o_e!-dispuEc_tic said submissions made bv the learned cc unsel a Dpeannq on behalf of the petitioner DISCUSSION AND CONCLUSION : 7, A bare perusal of the record indicates that Respondent No.4 rejected the petitioners' request for r,: r ,rsion from HC to PC without assigning any specific reasons, m: .r:ly stating that it could not be considered due to Head Officr: irstructions issued by the Respondent No.4 on administrative e r )unds though the similar relief had been extended to similarlt' situated persons, who made a request for reversion from Head ( onstable to Police constable as per the Common Order of the tivision Bench of this Court and the observations made lrereunder dated

24.03.2014 passed in W.P.Nos.37l46 of 2() 3 and 39820 of 2013 and srmilar such relief had been :xtended to the petitioners in W.P.No.36609 of 2024 and b;l:h vide orders of this Court dated 28.02.2025 _J ) SN.J W.l' No 2544 2022 8 The Aoex cou in its Judoment in State of Uttar Pradesh and Others Vs, Aravind Kumar rivastava and .2014 i No.9 t 20t observedasu nder: *( 1) Normal rule is th emDl vees rs at when a oarti cular iven relief bv the Court, all other tn sow uld t N n d iscrim ination and would be vio lative of Article 14 of b h India C serv ice iurisorudence evolved bv this Cou rt f rom tme o e t imilar shou Id be treated similarlv. Th eref re, the normal ru le wo ld be that mer lv becaus e oth rsimilarlv situ ted ch h c u h ns did ota not to be treated differentl

9. Therefore, in view of the observations of the Apex Court in the ludgment 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 24.03-2014 passed in W.P' Nos'37146 of 2013 and 39280 of 2013 and also the observations of the Apex Court r- 6 SN.J \\'. P. No 2544 l0ll in the ludgment referred to and extract€ J above, within a reasOnable period. 1O. Takin tnto consideration (a) The aforesaid facts and circumstt lces of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner ind the learned Government Pleader for Home appearing on behalf of the respondents, (c ) The fact that similar relief had I een extended to the similarly situated individuats, who nr; de a request for reversion from Head Constable to potice lonstable by the respondent No.4 vide orders dated 3O.Ojt 2O19 and, (d) The observations made an the Ct mmon Order of the Division Bench of this Court dated Z,t 03.2Ol4 passed in W.P.No.37t46 ot 2O13 and 39820 ot 2C13, (e) The observations in the Judgrr ent of the Apex Court referred to and extracted above atr para ,g, of the present Judgment, The writ petitaon is allowed. The ir npugned Memo vide Rc.No.At/Estt/L237/2OZL dated Ozr OB.2021 issued by the respondent No.4 is set aside. The respondents are -, 7 SN.J W.P.No 2544 2022 darected 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, g, g of the present Judgment, in conformity with the principles of natural justice by providing an opportunity of personal hearing to the petitioner and pass appropriate reasoned orders within a period of four (04) 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 any, pending shall stand closed. ,TRUE COPY// SD/ HMEb ABDU SSISTA AN EGISTRAR SECTION OFFICER a Secretariat, State of Department, T lang State of Telang I of Police, TSSP The PrinciPal Secretary' Home Telanqana at HYderabad. The D'irector General of Police, The Additional Director Genera Jublihills, Gayatrihills, Hyderabad' il;'i;;;;,i&nt, eth dattalion' rssp, Kondaput Ransareddv District i;;66;;'i; C; Fon noH,re, tiign court for the State of relansana at Hvderabad. (OUT) ijl'-."bd t" dnt ll.nunnrunru, Advocate [oPUC] Two CD CoPies a, akidikapul, HYderabad alions, Shouryabhavan, To 1 2 3 4 5 f) 7 SA TKS k C.C. TODAY HIGH COURT DATED:0611012025 I ,. ,--, irr' b;tii\t.. . r.k\ \' \/r'\,! /*ri 7 AP fi ?1,]26 \ {/:?: /\) 'J rJ )- ,r .+ ORDER WP.No.2544 of 2022 ALLOWING THE W.P WITHOUT COSTS. \D .:l .Lttt'' -fs.'