THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.1402 OF 2021
Dated:25.01.2021
Between:
H. Kishanji, S/o. Lakshmanji,
Aged about 51 years, Assistant
Sub Inspector of Police, P.S.,
RGI Airport, Shamshabad,
Cyberabad, Hyderabad .. Petitioner
And
The State of Telangana, rep., by its
Principal Secretary, Home Department,
Secretariat, Hyderabad and others .. Respondents
This Court made the following:
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THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.1402 OF 2021
ORDER:
Heard learned counsel for the petitioner and Sri M.V. Rama Rao, learned Special Standing Counsel for the respondents.
2. Petitioner was promoted as Head Constable on out of seniority basis. Praying to count the entire out of seniority service to be treated as regular and to compute the seniority in the cadre of Head Constable, petitioner filed O.A.No.7249 of 2013. Following the earlier judgments of the Tribunal, the said O.A. filed by the petitioner was allowed. This writ petition is filed alleging that the judgment of the Tribunal is not implemented and out of seniority service is not computed, whereas the persons who were appointed later to the petitioner are being promoted.
3. When the matter is taken up, learned Government Pleader produced a letter dated 03.03.2020 addressed to the Special Government Pleader for Home, wherein the Commissioner of Police, Hyderabad City, stated that the Deputy Inspector General of Police is the competent authority to grant promotions and the proposals are being sent to the Inspector General of Police for taking appropriate action. The letter also refers to various directions issued by this Court and the implementation with reference to others.
4. The respondent authorities also do not dispute the claim of the petitioner for computation of out of seniority service as the -3- service in the cadre of Head Constable and his entitlement for promotion as Sub Inspector of Police.
5. Similar issue was raised in W.P.No.20219 of 2019 and batch, wherein the Tribunal granted relief as prayed for by the petitioners therein, but the said orders of the Tribunal were not implemented. The plea raised against implementation of the directions was that review petitions were filed in the writ petitions seeking review of the directions issued in the earlier judgment and since review petitions are pending, out of seniority service is not computed. Rejecting the said claim, the writ petitions were disposed of directing the respondents to extend the benefit as extended to M. Prabhakar Raju, who filed W.A.No.199 of 2019 without waiting for disposal of the review petitions.
6. Learned counsel for the petitioner submits that the said orders are implemented and granted the benefit of out of seniority service as the service in the cadre of Head Constable and granted promotion of Sub Inspector of Police.
7. Learned Government Pleader for Home does not dispute that the order of the Tribunal in O.A.No.7249 of 2013 has become final and the respondent authorities are required to comply, but the issue of compliance is taking time.
8. In view of the same, the writ petition is disposed of directing the respondent authorities to comply with the directions issued by the Tribunal dated 08.10.2013 in O.A.No.7249 of 2013 considering the claim of the petitioner to promote him as Sub Inspector of Police, if he is otherwise eligible and qualified, -4- by computing out of seniority service as service in the cadre of Head Constable. Pending Miscellaneous Petitions, if any, shall stand closed.
____________________ P. NAVEEN RAO, J Date:25.01.2021 KH -5- THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1402 OF 2021 Dated:25.01.2021 KH