The High Court · 2025

Heard Sri Ajay Kumar Nerella, !earned counsel appearing on behalf of the petitioners and the learned Assistant Government Pleader for Home appearing on behalf of the respondents. 2 The oetitioners aDD roached the Court see kinq 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 3'd respondent wherein rejected the, clalm of the petitioner's for reversion from the rank of HC to PC vide Rc.No.4OlAl-Estt/2022 dated 22.01.2022 and Rc.No.lO/A1-Estl/2021 dated 21.09.2021, even though the respondent authorities were considered the claim of similarly situated persons for reversion from the rank of HC to PC on their request vide orders Rc. No.A l/ 16/ PPT / 2OtB-20 (D. O. No. 266 / 2020) dated 18.02.2020 as illegal arbitrary and unconstitutional and accordingly set aside same with a consequential direction to respondents to consider the claim of the petitioner's.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 2 SN,J \\'.I,.IJo.5369 2022 ,)rrlers Rc.No.A7/L6/ppf/2018-20 (D.O.Nc..2tr€l2020) rJatec' 18.02.2020 in the interest oF lustice an( :o pass r;u,:h other order or orders as this Ho,r,ble: Cc,urt may rle,:rr f it and proper in the circumstancr: of the clse.,.

3. Thre :ase of the petitioners, in brief, is tha: th,l petitioners were directry recruited as police Constables rn the year 2018 and p:stec' to the 3.d IR Battalion. Under tie I ela r(lana State Police Rtles they are eligible for conversiorr to Arnre d Reserve (AR) 3c ns:ables after completing 10 yea.s of s,:_vice. The petition€'rs rr"ere promoted to the post of Head ctrnstarres in the year 20,,11 but later sought voluntary reversion to tlte post of Constable cLe to personal hardships. However, tleir r3quest for reversiorr was rejected by the 4th respondent vido th1,) impugned memos; d;t:d 22.0t.2022 in Rc.No.4olA1_t:stt12022 and 21.09.)-O2l r Rc.No.10 /AI-Estt/2021, without a:;sig ring proper reasonr;, r erely citing administrative grouncls tttour.tf similarly situaterl irr<liyiduals like the petitioners herein werr: allowed reversirrn by other battarions vide order datei 13 02.2020. Aggrievecl by the said rejection, the petitior.€rs have approar:h,:cl this Court by filing the present wr t pe tition. 4 PERU SE a T HE RE ORD: 3 SN,J W.P.No.5369 2022 A) Th relevant

18. 02.20 20 ortio oft he im DUqned order dated ALIL6IPPI 2018-20 R.C.No. D.O-No.266 20 N d t oetiti oners herein is extra dh reunder: "With reference to the orders 1't cited, the following Police Constables were promoted as Head Constable and they both have reported for duty as HC on 23'02'20t9 Now, they have submitted representation with reference 3'd cited requesting to revert them as Police Constable in view of familY Problems'

1. Sri Ch. Sekhar, HC 317

2. Sri V. Shravan Kumar, HC 357. In this regard with reference to TSSP Head office memo 2nd cited the Committee was formed vide reference 4th cited, and counseled the above Head Constables and appraised them the benefits available in TSSP on continuation as Head Constable. Despite of the counseling the above Head Constables have submitted their representations vide reference 6th cited, stating that they are not willing to work as HC and requested to consider for reversion as Police Constable in view of family problems' As per TSSP Head Office vide reference 2nd cited a probationer Head Constable can be reverted as Police Constable as Per his willingness' 1 SN,J tV.P. \c.-5369 2022 llence, Sri Ch. Sekhar, HC 317 and Sri \'. Shravan l(uma r, HC 357 are reverted to their subs;tan[i /e post oF [)o]ice Constable with immediate effect, at :heir own re(lu€st in view of family problems. Flence the OC He Coy ls directed to send tre date of re\,er:;i3n of the above HCs as police Cilnst,tble and report corn p ia nce. Clerk is directed to revise the )ay of above rrrd virluals in the substantive rank of police Cor.r: table and cla m their pay accordingly.,, B) T e r leva n ortion of hei u n e d memo vidc-_B .c.No.LO/ A1- Estt/2021 dated2

1.O, 9 ,2O2! of the r'3 tN 4a re e .gtitioners hereULis extracted hereunder: ,\ltention of the OC "He', Coy is in,ziterl to his leltr:r v de reference 2nd cited, and it is inl.orn.ed that tl-e application of Sri G. Madhu HC-402 has rerlLesting tc r'3\,ert him as pC due to his family health iss.tr:s and p()rs;ona I problems, is hereby considered arrd r::jected, on a(lrninistrative grounds, as per H:ad Office in;t 'ucticns issued vide references 1rt cited. Sl N,) rrlame Rank & G.No. 1

0. Suresh (i.Vijay Kumar HC 523 HC 315 Co'r - t __ C C w."' / 5 SN,J W.P.No.5369 2022 All OsC are instructed to not to forward such type of applications of HCs in future for revert them as PCs. Acknowledge the receipt of the Memo"' c) re van o ion u -Es .No 4 2 22 vt e the res Dondent No.4 address dto the Detition rs her nts xtr ed her 1 2 2 "Attention of the OC "HQ" Coy is invited to his letter vide reference 2nd cited, and it is Informed that the application of Sri G' Madhu HC-402 requesting to revert him as PC due to his family health issues and personal Problems, reiected.ona dmini strative q roun ds, soe rHe ad 1"t o rce i nstr cti u cited. ns er e nc v e s All OSC are instructed to not to forward such type of applications of HCs in future for revert them as PCs' Acknowledge the receipt of the Memo'" D) rt no h iv io Be h rt at 2 3 1 a e P 13 3 o t2 h u r e of 3 L4 f 6 $/.1,.r{o.s36e ,il'j "7. Learned counsel for the first rt:spc;rdent in th6 \V-it petitions/a p plica nts relied on a cle:ision in (;.[]o]anna's case (1 supra) wherein it j:; nr:Ij thus: (para 7) "It is relevant to note at this point th a: the p::itioner was not promoted to ther p,ut'of -lrrnior Assistant but was appointed 01. tre,nifer. Jrr fact, he could not have been so p."til.,i'1, tirer post of process Server is not in the eeder cirtegory For promotion to the post of tirnior Ar;:iistant. In this view of tfre' .natlr, i is doubtful whether the act of the petiLionui in sireking reversion from the pori ,ri- i nio. " A:;sistant can be said to be on,i relinquishment of his right to Oe consif!i,,r fo. - promotion. However, this iS h orr,, resllondents have treated the matter an,i it pet tioner also abided by it. Thereforu,-f.. in" " pLrlose of this case, it shall be presu nec -hat :rr-, peurtoner relinquished his right for pr)rnotion when he sought reversion to or Process Server.,, -tt,. p,olt The above decision has no application to the far:ts cf the present case. But, on the gror_rnd of discrim nation, the Writ petitions are lia:le to be dism iss:rJ. It is not in dispute before this Court l:l at as pe| pr,rc(:edings dated 21IO.2OO5, some of thc Head Cotrs:at lr:s were reverted and posted to wor< as l)olice Cons,:able:s in the District Armed Reservo ir their respect j/(l Units. Therefore, there should not t,S anv discril4[pation from one oerson to arrother ls no r th Ca !;_ers Of fi'!_into r hat. after tn_Lefsrc n a ts t T er or pe_rs-o_n. o EV e ce WE tlQizp_s-u d d e u h e 1 SN,J W.P.No.5369 2022 revers lon, the aoplic ants ca n not be tm medi a sent to the District Arm ed Rese rv but their cases D t R erv if he for Polic Co t r o ta !es f PSP m 5'Itlsrepresentedbythelearnedcounselappearingon behalf of the petitioners that the subject issue in the present writ petition is squarely covered by the common order of this Court dated 28.02.2025 passed in W'P'No'36609 of 2024'

6.LearnedASsiStantGovernmentPleaderappearingon behalfoftherespondentsdoesnotdisputethepassingoforders under slmilar circumstances ln W.P.No.3660g of 2024 and batch dated 28.02.2025. It is the specific case of the petitioners that their request 7. for reversion from the rank of Head Constable to Police Constable was rejected by Respondent No'4 vide proceedings daled22.oL.2022and21.og.2o2!,eventhoughtherespondent authorities had considered and accepted similar requests for reversion from the rank of Head Constable to Police Constable by similarly situated individuals, vide orders dated 18'02'2020'

8. Learned counsel appearing on behalf of the petitioners contendsthatthepetitioners,requestWasrejectedina 8 \\'.I '.lrlo.53 69 SN,J 2022 mecharic. J manner, even though a simil,rr f 3nefit had admittedly been extended to similarly situated individuals vide order:; dateJ 18.02.2020 in R.C. No. A1/t6tpp1-/2018_20 (D.O. No. 26e /./ ),20), as welt as to petitioners who lad e pproached this Cr:urt lty filing W.p. Nos. 37146 0f 2013 and 39.1t0 0r 2013. However', irr the present case, the petitione_s, 1)quest for reversion f -om the post oF Head Constable to Fol c,,: Constable was r€ject€,c, with a mere intimation stating ffat rhe req uest could r)o: be considered on administrative g"our ds, instruc'.ions i:;sued by the Head Office to Respondent 9. L:arnr:cl counsel appearing on behalf of the petitioners places retiarrc:e on the Division Bench judgment of tris Court dated 24.03 2Ot4 passed in W.p.Nos.37 t46 of 201:i rrrd 39280 of 2013, anrj contends that the petitioners herein a.e entitled for the r-elief as sought for by the petitioner in tht: pr::;ent writ petition, in trr-' light of the observations made b1, thi: Division said order. ;s per the Bench in the No.4 1O. Learnec, Assistant Government Pleader pla cin g re,liance on the courrter a.fidavit filed on behalf of the resron Jr:nts, in particular', pa-zrgraph No.B contends that the petition,:t.s were appointec, ars [)c,lice Constables in February, only thre3 ye lrs of service. For reversion 2018 ard corrpleted to Police Ccrstable w/ ':.,t. 9 SN,J W.P.No.5369 2022 (AR) (Men), a minimum of 10 years of service is required and the petitioners, in their representations submitted to the respondent office, made a request of reversion due to family and personal problems, and none of the petitioners mentioned that they were seeking reversion for AR conVersion ' Therefore' the petitioners are not entitled for the relief as prayed for in the present writ Petition. DISC SI N D N LUS o

1.A s o t s 4re ct r r e e e without asslqnlnq t it co nv sDec ific reasons, merel v statinq d d tru ton he Res ondent No.4 dminis r nd th u ha bo e n t r s mil DCrson s,whom ade ar e ues d e e en o ta let P ice n b t d tfo rre verslonf rom Head B nch e th D I a u m nt t ls u t o r n r

4.O .20 4 w P.N 3 L4 of 20 a2 of o a s s h d e to the oeti ronersl nW .P.No .36 609 of 2O24& batch vide l0 orders o t thi s Court date d W.P.Np. 366 9 f o2 a dba ch SN,J \\j.P No.5369 2022 2A.O2. 20 5_ D 2 ;tss 72, --h,3r€ f()re, this Court opines that the r.equ est of the petitio.ers frrr reversion from the rank of Hea i C.rrrstabre to Police Ccnstaible has to be re_considered in acci)rda nce to law duly takirgl irto consideration the observations rf t.rt: Division Bench judgnrent of this court dated 24.03,2c,1.1 pr355g(;n W.P.No.3 t1,t6 of 2013 and 39280 of 2013 ,and orce-s, daied 28.02.20r,.5 passed in W.p.No.36609 of 2024. rryithin a reasonabl,l fre,riod without reference to impuqned orr:le rs dated 22.0L.n22 issued to the petitioner No.1 and the irnpugned orders, Jate<l 21.09.2021 issued to the petitioner Nos,2 and 3 by the rr:soorrclent No.4 herein

13. TA K I T N I E ATI a) The aforesaid facts and circumstances of the ,ca se, b) The submissions made by the learned counsel appearing on behalf of the petitioners ,rnct the learned Government pteader for Home appearing on behalf of the respondents, c) The f act that similar relief had been e.rterrcled to the similarly situated individuals, who rnitde a 11 SN,J W.P.No.5369 2022 L8'O2'2O20 request for reversion from Head Constable to Police Constable by the respondent No'4 vide orders R.C. No.A1 / 1 6 t PPT / }OLA-2O I D'O'No'266 I 2O2O7 d) The Division Bench judgment of'this Court dated 24.O3.2OL4 passed in W'P'No'37L46 of 2O13 and 39820 of 2013 and the observations thereunder' e) The orders dated 2A'O2'2O25 passed in W.P.No.366O9 of 2O24 I I The writ petition is allowed and the respondents are directedtore-considertherequestofthepetitionersfor reversion from the rank of Head Constables to Police the imPugned orders Constables without reference to dated 22.01 -2f/22 and 2L'Og'2O2t issued by the 3'd the petitioners herein in accordance to respondent to period of fou r weeks from the date of law, within a receipt of copy of the order duly taking into consideration the Division Bench judgment of this Court dated 24.Og.2Ot4 passed in W'P'No'37t46 ot 2O13 and 39820 of 2O13 and the observations thereunder and the orders dated 28.02.2025 passed in W'P'No'36609 ot 2024 and the fact as borne on record that similar relief had been l2 SN,J \\r.P 1tro 5369 2022 extended to similarly satuated persons like rthe petitioners vide orders, dated 18.02.2020 in R.C.No.A/.t6 /ppT/ZOrg_ 2O ID.O.No.266/2O2O] and pass appropriate reasoned speaking orders and duly communicate the cle,cision to the petitioners. There shall be no order as to costs. l,li-. ce laneous applications, if any, pendirrg r,;trall stand closed. //TRUE COPY// SD/. S. NTAI,LITSIRJUNA RAO A$S TANT REGISTRAR F SEC TION OFFICER Jublihills. 3aya.rihills, Hyderabad.

1. The Principal Se:retary, Home Department, Telangana Secretar at, ^ Hyderabad. St: t,> of T6iangana. 2' The Director Gr;rrerar of eoiice, State of reranqana, Lakidit.apur, Hvderabad. 3. The Addit orar ) rector Generdr oi poriie, rBbi;'s;tt]iil"l tX;,1#j'u'r.,liEl, 4. The Commandirnt 3rd tB p.rltqtlgl, TSSp, lbrahimpatanan, R R.District. !. 9n" CC k, _cRt AJAv KUMAC NeneLLn, njrlJlilifopu<;t 6. Two CCs :o Gp F:oR HOME, uigh b-orrt i6ijh; 5X" of Te,tan(rana, at 7. Two CD Cor ies Hyderabarl. [O JTI I To PSK I I I I I i I HIGH COURI' DATED:01 l05lZ02S ORDER WP.No.5369 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS CC TODAY 'iHI: o F '( o (-l z1 llr 2fi25 4 \__r \, \t